IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE MONDAY, THE 31ST MARCH 2008 / 11TH CHAITHRA 1930 WP(C).No. 10844 of 2008(N) -------------------------- PETITIONER: ------------ SUSEELA DEVI, W/O LATE CHANDRA BOSE BY ADV. SRI.R.RAJASEKHARAN PILLAI SMT.SABINA JAYAN RESPONDENTS: ------------- BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE, J. ---------------------------------- W.P.(C) NO. 10844 of 2008 ---------------------------------- Dated this the 31st day of March , 2008 JUDGMENT The grievance voiced by the petitioner is that the Panchayat is not passing any orders on the application submitted by her for renewal of licence in respect of a small shop. The petitioner's claim in respect of the shop building is that on land leased out by its owner, the petitioner's husband put up a building prior to 16.5.1967 and therefore, there is immunity from eviction and that the only liability is to pay periodical enhancement of rent. Admittedly a civil suit is pending before the local Civil Court in respect of the land in question and the petitioner submits that Civil Court has already passed an order of injunction restraining the owner of the land from evicting the petitioner. 2. I do not think that the Panchayat is justified in keeping the petitioner's application for licence pending just because a civil dispute is pending before the Civil Court regarding the WPC No.10844/2008 2 ownership over the building and also regarding the nature of the petitioner's right over the land upon which the building is situated. The Panchayat is bound to pass orders taking into account the interim orders stated to have been obtained by the petitioner from the Civil Court against the owners of the land. 3. Under the above circumstances, I dispose of this writ petition directing the respondent to take up Ext.P6 immediately, issue notice to the present owner of the land, who is the defendant in O.S. 261/2007 presently pending before the Kayamkulam Munsiff Court, hear the petitioner and the defendant in O.S.261/2007 and take a decision. Decision as directed above shall be taken by the Panchayat at the earliest and at any rate within one month of receiving a copy of this judgment. Till such time as decision is taken by the Panchayat on the application as directed above, the Panchayat will not initiate any coercive action against the petitioner for closing down her business. PIUS C. KURIAKOSE JUDGE dpk WPC No.10844/2008 3