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2010 Supreme(Online)(KER) 21996
HIGH COURT OF KERALA
T.R.RAMACHANDRAN NAIR, J
P.RAVEENDRAN – Appellant
Versus
STATE OF KERALA – Respondent
WP(C)/17385/2010
SRI.A.AHZAR
Tenants are entitled to a governmental decision on eviction appeals under the Kerala Panchayat Raj Act prior to execution of such eviction orders.
Headnote:
Eviction - Tenancy - Kerala Panchayat Raj Act - Section 191 - The court directed the Government to hear the appeal challenging the Panchayat's eviction resolution and stay the eviction process pending the appeal's disposition.
Fact of the Case:
The petitioners, long-term tenants of shop rooms, faced eviction orders from the Panchayat and challenged them in a Tribunal, which ruled the appeal was not maintainable there and must be filed under the Kerala Panchayat Raj Act.
Finding of the Court:
The court found that the tribunal's direction was correct, and it ordered the Government to hear the tenants' appeal under Section 191 of the Kerala Panchayat Raj Act and stay eviction processes until a decision is made.
Issues: Whether the appeal against the Panchayat's eviction resolution should be maintained at the Tribunal or referred to the Government under the Kerala Panchayat Raj Act.
Ratio Decidendi: The court determined that appeals against Panchayat resolutions must be made to the Government as per the Act's provisions, ensuring due process for the tenants before eviction.
Final Decision: The Government must dispose of the tenants' appeal within four months and stay eviction until then.
J U D G M E N T
The first petitioner is a tenant of the shop room bearing No.18/1159(1) of the second respondent-Kazhakoottam Grama Panchayat The said shop room was taken on rent from the second respondent and he is conducting business for the last 30 years. A notice was issued by the Panchayat informing him that the Panchayat Committee has taken a decision to evict the tenants and further directing the petitioner to vacate the premises. Ext.P2 is the copy of the notice issued to the first petitioner and Ext.P3 is a later notice issued by the second respondent in this regard .
2. Similarly, the second petitioner is a tenant of shop room No.18/1157(3) of the second respondent. Ext.P5 is the copy of the notice issued to him in the matter and Ext.P6 is a further notice issued by the second respondent in this regard.
3. It appears that the petitioners challenged the same before the Tribunal for the Local Self Government Institutions and, the Tribunal, by Ext.P7, returned the appeal stating that the appeal is not maintainable before the Tribunal and the appeal will have to be filed before the Government under Section 191 of the Kerala Panchayat Raj Act since the petitioners are challenging the resolution of the Panchayat itself. The petitioners along with certain other tenants have filed Ext.P8 appeal. A stay petition [Ext.P8(a)] is appended to Ext.P8 appeal. It is pointed out that the appeal has been numbered as
3257/DB2 2010 dated 20/05/2010.
4. The prayer in the writ petition is for a direction to the first respondent to dispose of Ext.P8 appeal at the earliest and to keep in abeyance Exts.P3 and P6 pending disposal of the appeal.
5. In the light of the above, the writ petition is disposed of directing the Government to take a decision on Ext.P8 appeal after hearing the petitioners and other appellants and the Panchayat within a period of four months from the date of receipt of a copy of this Judgment. The prayer to grant an interim order on the stay petition filed along with Ext.P8 appeal will be considered by the Government in accordance with law within a period of one month from the date of receipt of a copy of this Judgment. Till orders are passed on the application for interim prayer, all further action for eviction pursuant to Exts.P3 and P6 and similar notices will be kept in abeyance.
6. The petitioner will produce a copy of the writ petition along with a copy of this Judgment before the Government for compliance. No costs.
(T.R. Ramachandran Nair, Judge.)
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