Vijayakumar vs. State Of Kerala - Kerala High Court, 18 March 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN MONDAY ,THE 18TH DAY OF MARCH 2019 / 27TH PHALGUNA, 1940 WP(C).No. 5480 of 2019 PETITIONERS: 1 VIJAYAKUMAR, AGED 51 YEARS S/O. THANKAPPAN, V-TECH ELECTRONICS, SHOP NO. 5 AND 6, ADICHANALLOOR GRAMA PANCHAYATH SHOPPING COMPLEX, KOTTIYAM, RESIDING AT VIJAYA NIVAS, KONNAYIL MUKKU, PU LLICHIRA P.O, MAYYANAD VILLAGE, KOLLAM. 2 RASHEEDA BEEVI, AGED 57 YEARS D/O. FATHIMA KUNJU,SHOP NO. 8, ADICHANALLOOR GRAMA PANCHAYATH SHOPPING COMPLEX, KOTTIYAM, RESIDING AT KALLUVILA PADINJATTATHIL, UMAYANALLOOR, KOLLAM 3 SIYAD, AGED 45 YEARS S/O. SHOUKATHALI, SHOP NO. 4, SRS VEGETABLES, ADICHANALLOOR GRAMA PANCHAYATH SHOPPING COMPLEX, KOTTIYAM, RESIDING AT NIZAM MANZIL, THAZHUTHALA CHERRY, ADICHANALLOOR VILLAGE, KOLLAM. 4 RUKKIYA BEEVI, AGED 85 YEARS S/O. OOMMACHI KUNJU, SHOP NO.7, PROVISION SHOP, ADICHANALLOOR GRAMA PANCHAYATH SHOPPING COMPLEX, KOTTIYAM, RESIDING AT PALAVILA VEEDU, THAZHUTHALA CHERRY, ADICHANALLOOR VILLAGE, KOLLAM. 5 MANOHARAN K, AGED 54 YEARS S/O. KESAVAN, SHOP NO. 9, AKSHARA GAS STOVE SERVICE CENTRE, ADICHANALLOOR GRAMA PANCHAYATH SHOPPING COMPLEX, KOTTIYAM, RESIDING AT THODIYIL VEEDU, THAZHUTHALA CHERRY, KOTTIYAM P.O, KOLLAM. 6 SIRAJUDEEN, AGED 59 YEARS S/O. ALIYARU KUNJU, SHOP NO. 2, VEGETABLES SHOP,

WP(C).No. 5480 of 2019 2 ADICHANALLOOR GRAMA PANCHAYATH SHOPPING COMPLEX, KOTTIYAM, RESIDING AT SHYNI MANZIL, KAMPIVILA, THAZHUTHALA CHERRY, MAYYANAD VILLAGE, KOLLAM. BY ADV. SRI.B.MOHANLAL RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 695 001. 2 THE DIRECTOR OF PANCHAYATH, GOVERNMENT OF KERALA, PUBLIC OFFICE BUILDING, MUSEUM, VIKAS BHAVAN P.O, THIRUVANANTHAPURAM 695 033. 3 THE DEPUTY DIRECTOR OF PANCHAYATH, COLLECTORATE, CIVIL STATION P.O, KOLLAM 691 013. 4 THE ADICHANALLOOR GRAMA PANCHAYATH, ADICHANALLOOR P.O, KOLLAM 691 573, REPRESENTED BY ITS SECRETARY. 5 THE ADICHANALLOOR GRAMA PANCHAYATH COMMITTEE, ADICHANALLOOR P.O, KOLLAM 691 573, REPRESENTED BY ITS PRESIDENT. BY ADVS. SRI.K.SIJU SMT.RENY ANTO SMT MABLE C.KURIEN, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 5480 of 2019 3 JUDGMENT The petitioners, who are conducting business in Shop Nos. 5, 6, 8, 4, 7, 9 and 2 respectively in the shopping Complex of the 4th respondent Grama Panchayat in Kottiyam Market, have filed this writ petition under Article 226 of the Constitution of India seeking a writ of certiorari to quash Ext.P7 auction notice dated 15.02.2019, issued by the 4th respondent; and seeking a writ of mandamus directing the respondents to execute rent agreement with the petitioners in respect of their shop rooms.

On 22.02.2019, when this writ petition came up for admission, the learned Government Pleader took notice for respondents 1 to 3. Urgent notice by speed post was ordered to respondents 4 and 5. This Court has made it clear that auction proposed as per Ext.P7 notice dated 15.02.2019 shall go ahead; however, the finalisation shall be done after securing further orders from this Court. This Court also made it clear that the petitioners will be at liberty to participate in the auction.

A counter affidavit has been filed by the learned counsel for the respondent, wherein it is stated that Resolution No.II(1) dated 27.02.2019 was adopted by the Panchayat, as the Panchayat Committee has provisionally approved the auction after perusing the

WP(C).No. 5480 of 2019 4 auction diary regarding the Market Shopping Complex in Kottiyam, subject to final decision of this Court.

Today when the case is taken up for consideration, the learned Counsel for the petitioner would submit that, since the auction has already taken place and the petitioners have participated in that auction and the Panchayat Committee has provisionally approved the auction held on 23.02.2019 in respect of the shop rooms in question, no further reliefs are required and this writ petition may be closed accordingly.

Having considered the submissions made by the learned counsel on both sides, the writ petition is closed recording the aforesaid submission made by the learned counsel for the petitioners. However, it is made clear that this Court has not expressed anything as to the legality or otherwise of the auction proceedings held on 23.02.2019 or Resolution No.II(1) dated 27.02.2019 adopted by the Panchayat Committee. ANIL K.NARENDRAN JUDGE sru

WP(C).No. 5480 of 2019 5 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 THEOF THE RENT AGREEMENT EXECUTED BETWEEN THE 3RD PETITIONER AND THE 4TH RESPONDENT. EXHIBIT P2 THEOF THE D&O LICENSE NO.A7- 204/18-19 DATED 25/05/2018 OF THE 3RD PETITIONER FOR THE PERIOD 25/05/2018 TO 31/03/2019 ISSUED BY THE 4TH RESPONDENT. EXHIBIT P3 THEOF THE GST REGISTRATION NO. 32ANIPT6190KIZI OF THE 1ST PETITIONER. EXHIBIT P4 THEOF THE FOOD SAFETY REGISTRATION NO. 21315150000123 OF THE 3RD PETITIONER. EXHIBIT P5 THEOF THE CERTIFICATE ISSUED BY THE LEGAL METROLOGY DEPARTMENT TO THE 3RD PETITIONER. EXHIBIT P6 THEOF THE REGISTRATION CERTIFICATE ISSUED BY THE LABOUR DEPARTMENT TO THE 3RD PETITIONER. EXHIBIT P7 THEOF THE AUCTION NOTICE IN THE JANAYUGAM DAILY DATED 15/02/2019 ISSUED BY THE 4TH RESPONDENT. RESPONDENT'S EXHIBIT: EXT.R4(A):OF RESOLUTION NO.II(1) DATED 27.2.2019 ADOPTED BY THE COMMITTEE OF THE ADICHANALLOOR GRAMA PANCHAYAT.