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2014 Supreme(Ker) 262

MANJULA CHELLUR, P.V.ASHA
Vanaraj – Appellant
Versus
Santhanpara Grama Panchayath, represented by its Secretary – Respondent


Advocates Appeared:
For the Appellant:George Sebastian, Byju Kuriakose, Advocates.
For the Respondents:R1 & R2, Molly Jacob, Aysha Youseff, R3, Ajith Prakash, Advocates.

Judgment

Manjula Chellur, J.

1. Present appeal is directed against judgment of learned Single Judge dated 8.1.2014. Appellant is none other than writ petitioner who approached learned Single Judge challenging Exts. P2(a), P3(a) and P4(a). It is not in dispute that appellant petitioner is also an elected member of first respondent Grama Panchayat. First respondent Grama Panchayat apparently has constructed first floor of Poopara Shopping Complex belonging to first respondent Panchayat by putting up four rooms. Various institutions approached first respondent with a request to let out the said rooms on lease basis to them. Ultimately, by virtue of a resolution, respondents 1 and 2 decided to hand over all the four rooms to third respondent Co-operative Bank. However, admittedly petitioner was a descending member so far as the above said resolution concerned. According to petitioner, this decision of first and second respondents to lease property to third respondent Co-operative Bank is without adhering to procedure contemplated under Rule 11 of Kerala Panchayat Raj (Acquisition and Disposal of Property) Rules, 2005. When petitioner approached learned Single Judge, respondents raised















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