IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 1ST AUGUST 2011 / 10TH SRAVANA 1933 WP(C).No. 9903 of 2011(K) -------------------------------------- PETITIONER(S): ------------------------ REJI ABRAHAM, KURUDAMANNIL THEKKATTIL, PULLOOPURAM P.O., ANGADI, RANNY, PATHANAMTHITTA. BY ADV. SRI.JACOB P.ALEX, SRI.JOSEPH P.ALEX. RESPONDENT(S): -------------------------- 1. RANNY GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, RANNY P.O., PIN- 689 672, PATHANAMTHITTA DIST. 2. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT ADMINISTRATION, THIRUVANANTHAPURAM-695 001. R1 BY ADV. SRI.S.MUHAMMED HANEEFF. R2 BY GOVT. PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 9903 of 2011(K) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE RECEIPTS ISSUED FROM THE OFFICE OF RANNI GRAMA PANCHAYAT. EXT.P2: COPY OF THE CERTIFICATE BEARING NO.C4/10917/08 ISSUED FROM DIRECTORATE OF TECHNICAL EDUCATION. EXT.P3: COPY OF THE PHOTOGRAPHS OF THE CLASSROOM AND ALLIED FACILITIES AT THE STERLING TECHNICAL INSTITUTE. EXT.P4: COPY OF THE APPLICATION FOR REFUND DATED 06/04/2010 SUBMITTED BY THE PETITIONER. EXT.P5: COPY OF THE LEASE AGREEMENT DATED 01/03/2010 BETWEEN PETITIONER AND 1ST RESPONDENT. EXT.P6: COPY OF THE NOTICE DATED 10/02/2011 ISSUED BY THE 1ST RESPONDENT. EXT.P7: COPY OF THE REPRESENTATION DATED 12/03/2011 SUBMITTED BEFORE THE 1ST RESPONDENT. EXT.P8: COPY OF THE PETITION SUBMITTED BEFORE THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: EXT.R1(a): COPY OF THE GO(MS) NO.91/2010/LBR DATED 06/08/2010 ISSUED BY THE 1ST RESPONDENT. EXT.R1(b): COPY OF THE UNDERTAKING GIVEN BY THE 1ST RESPONDENT DATED 24/03/2010. EXT.R1(c): COPY OF THE COMMUNICATION DATED 13/09/2010 OF THE NODAL OFFICER, ITI, RANNI TO THE PANCHAYAT. EXT.R1(d): COPY OF THE COMMUNICATION DATED 07/08/2010 OF DIRECTOR OF TRAINING TO THE PANCHAYAT. EXT.R1(e): COPY OF THE RESOLUTION NO.VIII(1) DATED 22/09/2010 OF THE 1ST RESPONDENT. EXT.R1(f): COPY OF THE NOTICE INTIMATING INAUGURATION OF ITI DATED NIL. EXT.R1(g): COPY OF THE COMMUNICATION ISSUED BY THE PRINCIPAL, ITI, RANNI DATED 08/03/2011. EXT.R1(h): COPY OF THE RESOLUTION NO.VI(1) DATED 16/03/2011 OF THE PANCHAYAT. //TRUE COPY// P.A. TO JUDGE rs HARUN-UL-RASHID, J. --------------------------------------- W.P.(C) No. 9903 of 2011 --------------------------------------- Dated this the 1st day of August 2011. JUDGMENT This writ petition is filed to quash Ext.6 order and for a direction commanding the 1st respondent to take appropriate action on Ext.P7 in accordance with law and for a declaration that the petitioner has right to continue the lease arrangement with first respondent in accordance with clause 4(3) of Form No. III attached to the Kerala Panchayat Raj(Acquisition and Disposal of Property) Rules 2005. 2. The total area of the first floor is 1800 sq.feet. The petitioner occupied 1st and 2nd floors of the Shopping Complex belonging to the 2nd respondent. The petitioner is conducting an Industrial Training Institute (ITI) and a Dental clinic in the said floors as a licensee. During March 2010, the petitioner surrendered the 2nd floor. Since the Panchayat wanted the petitioner to vacate the 1st floor for the purpose of W.P.(C) No.9903/2011 2 accommodating Govt.ITI, the Secretary of the Panchayat issued Ext.P6 notice directing the petitioner to vacate the hall on or before 31.3.2011. The petitioner is continuing in the first floor of the Panchayat building without obtaining renewal of the license. 3. During the course of hearing, the parties suggested certain arrangements. Accordingly, the petitioner agreed to vacate the possession of 1000 sq.feet within one week and 400 sq.feet on or before 31.3.2012. The balance 400 sq.feet is in the occupation of the petitioner's wife and she is conducting a Dental Clinic in the building. The petitioner requested the Panchayat to permit her to occupy the balance 400 sq.feet in which the Dental Clinic run by the petitioner's wife is functioning. The counsel for the Panchayat submits that they were ready to consider the request of the petitioner. The undertaking of the petitioner to vacate the 1000 sq.feet within one week and 400 sq.feet on or before 31.3.2012 is recorded. 4. In the circumstances, there will be a direction to the first respondent Secretary of the Grama Panchayat to consider the request of the W.P.(C) No.9903/2011 3 petitioner to retain 400 sq.feet for the purpose of conducting Dental Clinic by his wife on condition that the petitioner shall submit necessary application for renewal of license within a period of 3 weeks from today. If the petitioner file application as mentioned above, the respondents shall consider and dispose of the application within a period of 6 weeks from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. HARUN-UL-RASHID JUDGE al