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2021 Supreme(Ker) 665

SHAJI P.CHALY
Baby S. , W/o. Late Babu – Appellant
Versus
Kalluvathukkal Grama Panchayat, Represented by its Secretary – Respondent


Advocates Appeared:
For the Petitioner: Harish Gopinath, Smt. Ragi P.
For the Respondent: Sri. G. Bhagavat Singh, Liju M.P.

JUDGMENT :

The petitioner is the widow of one late K. Babu, who was running a bakery and Medical Shop at room Nos. 865A and 865 at Parippally Shopping Complex owned by the Kalluvathukkal Grama Panchayat, the 1st respondent.

2. According to the petitioner, late Babu was running the business in the said building from 1992 onwards on the basis of the rent/license deeds executed periodically and the last deed was executed on 01.02.2019 for a period of one year with effect from 01.04.2019. On 06.08.2019, Babu passed away due to heart attack. According to the petitioner, on 24.08.2019, the petitioner had requested the Panchayat to change the license of the shop room in her name and also conveyed that the income generated from the business conducted in the building is the only source of livelihood of herself and her family.

3. On 24.08.2019, the Panchayat had apparently issued Ext. P6 notice without addressing anyone. In the notice, it is stated that since Sri. Babu died, functioning of the shop in the building is against the provisions of the terms and conditions of auction and therefore, the Panchayat has decided to conduct fresh auction and directed the petitioner to vacate the premises o

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