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2014 Supreme(Ker) 20

Vanaraj – Appellant
Versus
Santhanpara Grama Panchayath – Respondent


Advocates Appeared:
For the Petitioner:George Sebastian, Byju Kuriakose, Advocates.
For the Respondents:R1 - R2, Aysha Youseff, Molly Jacob, T.K. Rabia Beegam, Jobi A. Thampi, M. Kabani Dinesh, R3, C.S. Ajith Prakash, C.S. Yesudas, Shyni Pelexy, Paul C. Thomas, Advocates.

Judgment :

1. The petitioner, an elected member of the first respondent Grama Panchayat has filed this writ petition challenging the action of respondents 1 and 2 in giving on lease four rooms of a newly constructed shopping complex belonging to the third respondent Co-operative Bank. The contention of the petitioner is that, Rule 11 of the Kerala Panchayat Raj Act (Acquisition and Disposal of Property) Rules, 2005 (the 'Rules' for short) mandates that no property shall be transferred to anyone except through public auction or by inviting tenders. Since neither of the above procedures have been adopted in the present case, it is contended that the impugned action of the first respondent is illegal and liable to be set aside. According to the petitioner, the third respondent bank had written a letter to the first respondent Grama Panchayat requesting that the building may be given to them on rent. The Panchayat Committee had considered the letter and had taken a decision on 21.5.2013 deciding that the building be let out to the third respondent. The Nedumkandam Urban Co-operative Bank had also submitted a similar request expressing their willingness to take the building on rent. On 1























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