IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 12TH AUGUST 2011 / 21ST SRAVANA 1933 WP(C).No. 7697 of 2011(J) ------------------------------------ PETITIONER(S): -------------------- ANILKUMAR.P.G,SRAYIL,MANARCAUD.P.O, KOTTAYAM. BY ADV. SRI.SURIN GEORGE IPE RESPONDENT(S): -------------------------- VIAJAYAPURAM GRAMA PANCHAYATH, VADAVATHOOR.P.O,KOTTAYAM-686010. REPRESENTED BY ITS SECRETARY. R1 BY ADV. SRI.JAMES KURIAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.7697/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE RECEIPT DTD. 3.3.2011 . P2:- COPY OF THE LICENSE ISSUED BY THE PANCHAYATH. P3:- COPY OF THE LETTER ISSUED BY THE RESPONDENT DTD. 9.2.2011. P4:- COPY OF THE LETTER ISSUED BY THE RESPONDENT DTD. 2.2.2011. P5:- COPY OF THE AUCTION NOTICE DTD.26.2.2011. P6:- COPY OF THE NOTICE DTD 30.3.2011. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss HARUN-UL-RASHID, J. ------------------------ W.P.(C).No.7697 Of 2011 ---------------------- Dated this the 12th day of August, 2011. J U D G M E N T The writ petition is filed seeking to quash Ext.P4 notice dated 3.3.2011 and for a declaration that the petitioner has got absolute legal and equitable right to conduct coffee shop in the leased out room in the shopping complex owned by the respondent Panchayath. 2. The petitioner is the occupant of the shop room in the shopping complex owned by the respondent Panchayath on lease from 2004 onwards. The respondent Panchayath issued Ext.P3 letter dated 9.2.2011 addressed to the petitioner directing him to produce stamp paper to execute new rent deed on or before 15.3.2011 for the period 1.4.2011 to 31.3.2012. The petitioner submits that he had expressed his willingness to continue the lease for the aforesaid period. It is averred in the writ petition that to the surprise of the petitioner the respondent Panchayath issued Ext.P4 letter dated 3.3.2011 directing the petitioner to surrender the leased room as the Panchayath has decided to conduct fresh auction as the room is set apart to occupy for a scheduled caste category. ::2:: W.P.(C).No.7697 Of 2011 3. In the counter affidavit filed by the respondent Panchayath it is stated inter alia that as per the Government Order in force, a room shall be set apart to scheduled caste candidate and that since it was not given earlier Panchayath has decided to find out a room for that purpose. The petitioner, who is a licensee of one of the rooms is not occupying the said room for more than 6 months and the licence fee was in arrears. It is further stated that Ext.P3 notice was issued to the petitioner directing him to execute the necessary documents for extension of lease period for the year 2011-2012. There was no response from the petitioner. On enquiry it was found that he is running the canteen of the Engineering College at Puthuppally and that he has no interest whatsoever to do any business in the Panchayath shop room. In these circumstances, the Panchayath has decided to evict the petitioner and to allot the room to a scheduled caste candidate. Though the Panchayath invited tenders from interested persons belonging to scheduled caste community, only one person turned up, but, he failed to carry out the formalities required for the occupation of the room and therefore the room was not allotted to any other person. In the meanwhile, the ::3:: W.P.(C).No.7697 Of 2011 petitioner approached this Court and obtained an interim order and continue to occupy the shop room. 4. After taking into consideration all the relevant facts and submissions on both sides, this Court is of the view that the Panchayath shall consider the request of the petitioner for continued occupation of the shop room till 31.3.2012. If the petitioner submits a representation stating reasons within a period of two weeks from today, the respondent shall consider the representation and pass appropriate orders after affording an opportunity of being heard to the petitioner within two weeks thereafter. Order of allotment shall be passed only if the petitioner pays all the arrears till date and continue to pay the monthly fee regularly. If the monthly fee is defaulted for a period of two consecutive months, the Panchayath can take necessary action to evict the petitioner. The writ petition is disposed of as above. HARUN-UL-RASHID, Judge. bkn/-