High Court of Kerala
P.R. Raman, J.
Marykutty George - Appellant
Versus
State of Kerala - Respondent
W.P. (C) No. 4354 of 2005
Decided On : 12-04-2005
Kerala Panchayat Raj Act, 1994 -Section .276(8) -Section .191 -Writ Petitions raises common question of law and fact and hence they are disposed of by this common judgment -Petitioners in W.P.(C) Nos.4354, 6582, 8413, 6562, 6731 and 9026/2005 are all licensees of shop rooms in the shopping complex owned by Pandalam Grama Panchayat second respondent petitioners are all similarly situated persons and the facts being common -Held, Kerala Panchayat Raj Act does not contain any such provision, the rule now framed by the Government as a subordinate Legislative Authority in exercise of its rule making power has regulated the procedure for sale, lease or licence of the property by the Panchayat. According to me on a plain reading of R.11, it is clear that it only regulates the manner of exercise of power of the Panchayat in the matter of grant of fresh lease or licence by public auction or tender does not compel the Panchayat to conduct any public auction or tender in the case of existing lease or licence -Writ Petitions are disposed.
P. R. Raman, J.
1. The above Writ Petitions raises common question of law and fact and hence they are disposed of by this common judgment.
2. Petitioners in W. P. (C) Nos. 4354, 6582, 8413, 6562, 6731 and 9026/2005 are all licensees of shop rooms in the shopping complex owned by Pandalam Grama Panchayat -- the second respondent in W. P. (C) No. 4354/2005. Since the petitioners are all similarly situated persons and the facts being common, it will be sufficient to refer to the facts stated in W. P. (C) No. 4354/2005.
3. Petitioners as stated earlier, are licensees in occupation of the stalls belonging to the second respondent Pandalam Grama Panchayat. The first petitioner in O.P.No.4354/2005 was thus in occupation of stall No. 1 since 1967, doing textile business and the 2nd petitioner was in occupation of stall Nos.2 and 9 for the past 34 years and he was doing bakery business in the said stall. Third petitioner who was occupying stall No. 14, was doing business in ladies shopping centre. The third respondent filed a petition before the Grama Panchayat, on 12.2.2004 requesting to allot the shop rooms by public auction after the expiry of the period of licence in favour of the existing licensees. The Panchayat, by its resolution dated 28.2.2004 rejected the request against which the third respondent preferred an appeal Ext. P 1 dated 3.3.2004 before the Government. Thereafter, he filed O.P. No. 10832/2004 before this Court which was disposed of by Ext. P2 judgment dated 29th March, 2004. This Court, by the aforesaid judgment directed the Secretary, Local Self Government Department, to consider and dispose of Ext. P3 with notice to the petitioner therein and also the Grama Panchayat and other affected parties. A time limit of four months was fixed for disposal of the representation. In the nature of the order passed without deciding the merits of the contentions raised, this Court thought fit not to issue notice to the second respondent Grama Panchayat in the said Writ Petition. Thereafter, after notice to the parties, the Deputy Secretary for Local Self Government Department heard the appeal on 18.8.2004 and by Ext. P4 order dated 27.10.2004 disposed of the same in the following lines:
"Government examined the matter in detail. It is seen that the Panchayat on 3.2.2004 has decided to allot the rooms to the same tenants after enhancing the rent for the period 2004-05. The representatives of the shop owners have opined that they have no objection to put the shops in auction after expiry of the present lease period. Petitioners also did not raise any serious objection on this.
the above circumstances, Government are pleased to order that the Pandalam Grama Panchayat will put the entire shop rooms in the shopping complex for public auction from 2005-06 onwards. Ext. P3 representation is disposed of accordingly."
4. Pursuant thereto, the second respondent Grama Panchayat published a notice of auction for the present year 2005-06 in respect of the shop rooms in the shopping complex. The auction notice so published is produced as Ext. P6 in W. P. (C) No. 6582/2005. The prayer in W. P. (C) No.4354/2005 is to quash Ext. P4 Government Order dated 27.10.2004 and for a direction to the Pandalam Grama Panchayat to renew the licence for 2005-06, in favour of the petitioners regarding the shop rooms held by them as licensees and to restrain the Panchayat from auctioning the shop rooms in their possession and for a declaration that they are entitled to get the shop rooms occupied by them under the Pandalam Grama Panchayat. In W. P. (C) No.6582/2005 there is an additional prayer to quash Ext. P6 produced therein which is an auction notice published by the Grama Panchayat.
5. The petitioner in W. P. (C) No. 8413/2005 is the Regional Manager of the Kerala State Handloom Weavers Society who seeks to issue appropriate writ or direction to quash Ext. P5 produced therein. Petitioner had entered into an arrangement with the third respondent in 1998 b
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