IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 5TH AUGUST 2009 / 14TH SRAVANA 1931 WA.No. 1720 of 2009() --------------------- AGAINST THE JUDGEMENT IN WPC.11952/2008 Dated 03/04/2009 .................... APPELLANT/PETITIONER: --------------------------- V.MOHAMMED HASSAN, 'AMAR', GOVT.HOSPITAL ROAD, P.O.FEROKE, KOZHIKODE. BY ADV. SRI.AVM.SALAHUDIN RESPONDENTS/RESPONDENTS: ----------------------------------- 1. RAMANATTUKARA GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, RAMANATTUKARA P.O., KOZHIKODE DISTRICT. 2. THE SECRETAY, RAMANATTUKARA GRAMA PANCHAYAT, RAMANATTUKARA P.O., KOZHIKODE DISTRICT. R1 & R2 BY ADV. SRI.K.JAYAKUMAR THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 05/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & Kurian Joseph, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 1720 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this, the 5th day of August, 2009 JUDGMENT Kurian Joseph, J. Appellant is the petitioner. He approached this Court with certain grievance regarding the licence to run the comfort station maintained by the first respondent Panchayat. Learned Single Judge taking note of the intervening developments granted sanction for the first year and directed the petitioner to remit an amount of Rs.88,396/- towards the fee for the period he was running the station based on the interim order passed by this Court. 2. Learned counsel for the appellant submits that in view of the peculiar facts and circumstances of the case, wherein he has actually suffered heavy loss, he may be permitted to approach the Panchayat by way of an appropriate representation by withdrawing the writ petition. We are afraid, the request as such cannot be considered. The writ petitioner having enjoyed certain benefits based on the WA No.1720/09 -:2:- interim order passed by this Court, unconditional withdrawal will not be just and proper. However, taking note of the fact that the grievances of the petitioner are also to be considered by the Panchayat, we feel that the request can be granted on condition that the petitioner deposits a substantial portion of the amount. 3. Accordingly, we permit the appellant to withdraw the writ petition on condition that the writ petitioner deposits an amount of Rs.40,000/- with the first respondent Grama Panchayat within a month. The judgment of the learned Single Judge is set aside and the writ petition is dismissed as withdrawn and the writ appeal is disposed of as above with a direction to the appellant to deposit an amount of Rs.40,000/- within a month from today. The appellant is permitted to make an appropriate and comprehensive representation before the first respondent Panchayat within such period. The Panchayat will consider the matter with notice to the petitioner and pass appropriate orders. Deposit already made will be subject to the decision taken by the Panchayat. WA No.1720/09 -:3:- We make it clear that the appellant/petitioner shall not be entitled to take a contention before the Panchayat that the Panchayat cannot claim any amount in respect of the year 2008-09 only on account of non-execution of an agreement, since the appellant has continued to enjoy the licence on account of the interim order passed by this Court. S.R. Bannurmath, Chief Justice. Kurian Joseph, Judge. ttb