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2015 Supreme(Ker) 829

ASHOK BHUSHAN, A.M.SHAFFIQUE
HAMZA – Appellant
Versus
THIRUNAVAYA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY – Respondent


Advocates Appeared:
For the Appellant : SRI.T.KRISHNAN UNNI (SR.), SRI.T.SIVADASAN, SRI.VINOD RAVINDRANATH, SMT.MEENA.A., SRI.SAJU.S.A, SRI.K.C.KIRAN.
For the Respondents: SRI.C.E.UNNIKRISHNAN, SC, THIRUNAVAYA GRAMA PANCHAYAT, SRI.K.MOHANAKANNAN, SMT.A.R.PRAVITHA.

JUDGMENT :

Shaffique, J.

These appeals are filed against the common judgment dated 17/4/2015 in WP(C) Nos.2570/2015 and 35461/2014 respectively.

2. WP(C) No.2570/15 has been filed by the appellants herein challenging the action taken by the Thirunavaya Grama Panchayat and its Secretary in evicting them from their business premises without complying with any of the statutory provisions.

3. The short facts involved in the writ petition are:

The Panchayat owns two shopping complexes under the name and style 'New Shopping Complex' and 'Sashraya Shopping Complex'. Petitioners contend that they had taken shop rooms in the aforesaid shopping complexes on licence basis and they have been paying the rent. It is also stated that they have paid certain amount as security deposit and even if there was some rent in arrears, the security amount could have been adjusted towards the arrears of rent. It is alleged that there was an attempt to forcibly evict them from the premises by certain others and the petitioners filed OS No. 445/2010 before the Munsiff's Court, which is pending. In the meantime, on 26/12/2014, the Secretary of the Panchayat along with a large police force came to the shop buildings





















































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