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2023 Supreme(Ker) 475

N. NAGARESH
Poongottil Prasad, S/o. Chami Cheerattamanna – Appellant
Versus
Melattur Grama Panchayat, Represented by its Secretary – Respondent


Advocates Appeared:
For the Petitioner: Albin A. Joseph.
For the Respondent: K.J. Manu Raj, K. Vinaya.

JUDGMENT :

The petitioner, who is a small scale Businessman and who obtained licence to possess a shop room of the Melattur Grama Panchayat, is before this Court seeking to direct respondents 1 and 2 to forthwith refund to the petitioner, a sum of Rs.1,10,800/- collected from the petitioner as Security Deposit. The petitioner states that he continued to occupy the shop room premises of the Panchayat up to the year 2018. The petitioner had remitted an amount of Rs.1,10,800/- as Security Deposit. The Security Deposit has to be repaid on vacating the premises.

2. Though the petitioner vacated the premises and sought refund of the amount, the respondents have not given refund stating that some vigilance proceedings are pending in the matter. The petitioner seeks a writ of mandamus directing respondents 1 and 2 to refund the amount.

3. Standing Counsel entered appearance on behalf of respondents 1 and 2 and contested the writ petition filing counter affidavit. On behalf of the respondents, it is submitted that the respondents verified the documents and records of the relevant period and found that Exts.P1 to P3 receipts are forged one. It is submitted that the aforementioned amounts were n

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