IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.M.MANOJ
Kannur District Panchayath Employees and Pensioners Co-Operative Society Limited Represented by its Secretary – Appellant
Versus
Kannur District Panchayath Represented by its Secretary – Respondent
JUDGMENT :
P.M. MANOJ, J.
1. This writ petition is filed challenging the order passed by the Ombudsman in O.P. No.264/2016, on the ground that the same was rendered without exercising the jurisdiction and without duly invoking the functions and powers envisaged under Sections 271J, 271K, 271M, 271N and 271Q of the Kerala Panchayat Raj Act, 1994 (for short, ‘the Act’).
2. It is the case of the petitioner that the petitioner is a society registered under the Cooperative Societies Act. The 1st respondent, the District Panchayat, had allotted an area of 604 sq. ft. on the ground floor of a commercial building to the petitioner society on the basis of a resolution passed by the Finance Committee of the District Panchayat, as evidenced by Ext.P1. The said decision was later communicated by the Secretary of the 1st respondent through Ext.P2 letter.
3. It is further stated that an extent of 707 sq. ft. in the said building was allotted to the petitioner society at a rent of Rs.60 per sq. ft., with a provision for revision once in every five years, and the petitioner was directed to enter into an agreement with the respondent Panchayat. Accordingly, Ext.P3 agreement was executed between the pet
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