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2015 Supreme(Ker) 810

DAMA SESHADRI NAIDU
K. V. AYISHA – Appellant
Versus
STATE OF KERALA – Respondent


Advocates Appeared:
FOR THE PETITIONER: SMT.SUMATHY DANDAPANI (SR.), SRI.PRAVEEN K. JOY
FOR THE RESPONDENT: SRI.T.SETHUMADHAVAN, SRI.PUSHPARAJAN KODOTH, SRI.K.JAYESH MOHANKUMAR, GOVERNMENT PLEADER SRI.G.GOPAKUMAR

JUDGMENT

Facts:

Since, the petitioners in both the writ petitions are similarly placed, having a common grievance against the same respondent, the Grama Panchayat, this Court has proposed to dispose of both the writ petitions through a common judgment. However, the facts in W.P.(C)No. 12349/2013 are taken up for narrative purpose and also ease of reference.

2. The petitioners, sixteen in number, in both the writ petitions are the tenants of the fifth respondent Grama Panchayat, running their businesses for decades in the shops taken on lease. In course of time, the fifth respondent issued notices, one of them being Exhibit P8, to all the tenants of 31 tenements, including the petitioners, asking them to vacate the shop rooms, since the Grama Panchayat has already decided to demolish the existing shopping complex, so that it could build a new one under a central scheme called "Pura Rural Hub" in collaboration with INKEL.

3. Having submitted their Exhibit P9 reply notice, the petitioners filed W.P.(C)No.9199/2012, which this Court disposed of directing the petitioners to file an appeal before the statutory Tribunal. Apart from submitting Exhibit P12 petition under Section 191 of the Kera












































































































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