IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 12TH OCTOBER 2011 / 20TH ASWINA 1933 WP(C).No. 4547 of 2011(P) --------------------------------- PETITIONER: ------------------- K.P.RADHA, AGED 40 YEARS, W/O.T.K.UNNIKRISHNAN, THANDAKAVIL VEEDU, THONNOORKARA.P.O., CHELAKKARA, THRISSUR. BY ADV. SRI.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA RESPONDENTS: --------------------- 1. CHELAKKARA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY. PIN-680 586. 2. THE PRESIDENT, CHELAKKARA GRAMA PANCHAYATH, PIN-680 586. ADV. SRI.P.VIJAYA BHANU, SENIOR ADVOCATE FOR R1,2 SMT.M.M.DEEPA FOR R1,2 SRI.V.A.JOHNSON (VARIKKAPPALLIL) FOR R1,2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No.454L7/2011 APPENDIX PETITIONER'S EXTS; EXT.P1 TRUE COPY OF THE EXTACT OF DECISION NO.3 IN THE MEETING DATED 9/9/10 OF THE IST RESPONDENT. EXT.P2 TRUE COPY OF THE PETITION FILED BY THE PETITIONER. EXT.P3 TRUE COPY OF THE MINUTES BOOK CONCENING THE MEETING OF THE IST RESPONDENT PANCHAYAT HELD ON 6/12/10- EXT.P4 TRUE COPY OF THE NOTICE DTD.23/12/10 ISSUED BY THE IST RESPONDENT. EXT.P5 TRUE COPY OF THE NOTICE DATED 4/1/2011 ISSUED BY THE IST RESPONDENT TO THE PETITIONER. EXT.P6 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE IST RESPONDENT DTD. 7/1/2011. EXT.P7 TRUE COPY OF THE REPRESENTATION FILED BY THE CHAIRPERSON DATED 20/1/2011. RESPONDENTS' EXTS: NIL. TRUE COPY P.S. TO JUDGE HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO. 4547 OF 2011 ------------------------------- DATED THIS THE 12TH DAY OF OCTOBER, 2011 JUDGMENT This writ petition is filed seeking to quash resolution No.3(2) contained in Ext.P3 minutes of the meeting of the lst respondent held on 6/12/2010. Petitioner is the Secretary of the Nandanam Activity Group, which was formed under the Kudumbasree Community Development Society, Chelakkara Grama Panchayat. Nandanam Activity Group was running a canteen in the premises of Chelakkara Grama Panchayat. It is averred in the writ petition that the canteen was started four years back and the same was functioning in the ground floor of the building belonging to the Panchayat. It is also averred that the lst respondent as per resolution No.3 in the meeting held on 9/9/2010 had agreed to extend the period by one year for functioning of the canteen without payment of any rent in the building belonging to the lst respondent-Grama Panchayat. Ext.P1 is the copy of the -2- W.P.(C).No.45472011 extract of resolution No.3 in the meeting of the lst respondent held on 9/9/2010. Petitioner is aggrieved by the Ext.P3 resolution. As per Ext.P3 resolution, the Panchayat decided to issue notice to the Kudumbasree Activity Groups, which is running canteen and bag manufacturing unit, to vacate the premises before 31/12/2010. Pursuant to Ext.P3 resolution the petitioner stopped the running of the canteen. 2. In the counter affidavit filed by the lst respondent it is stated that the Panchayat has never accepted any consideration from the Nandanam Activity Group for making use of the Panchayat property, that the Panchayat permitted the aforesaid Group to run a canteen in the Panchayat as a trial run for an unspecified period with an intention to take stoke of the situation in the event of permitting a permanent canteen in the Panchayat premises, that the aforesaid trial run found to be adversely affecting the daily functioning of the Panchayat and that in the aforesaid circumstances, the Panchayat Committee in its meeting held on -3- W.P.(C).No.45472011 6/12/2010 decided to stop the functioning of the canteen which is causing inconvenience to the general public. 3. Learned counsel for the petitioner submits that the petitioner and other workers are not in a position to repay the loan amount which they have availed for running the canteen. It is also pointed out that the decision of the lst respondent to close down the canteen is against the spirit behind the implementation of the Kudumbasree Project by the Government. In the circumstances, the petitioner submits that a direction may be issued to the Panchayat to re-consider the said decision. 4. In the facts and circumstances of the case, this Court is of the view that it is for the Panchayat to take a decision as to whether Nandanam Activity Group may be permitted to continue to run the canteen in the premises of the Panchayat. Taking into consideration the submission of the petitioner, a direction is issued to the lst respondent-Panchayat to consider the grievance of the petitioner and pass appropriate orders, after affording an -4- W.P.(C).No.45472011 opportunity of being heard to the petitioner, within a period of one month from the date of receipt of a copy of this judgment. Writ Petition is disposed of as above. HARUN-UL-RASHID, Judge. kcv.