BY AD v. V.N.HARIDAS

2023. The said writ petition was disposed of directing them to seek statutory remedy against Ext.P21 in terms of Section 276 (1) of the Kerala Panchayat Raj Act, 1994 (hereinafter referred to as 'the Act' for short). Accordingly, the petitioners approached the Panchayat Committee challenging Exts.P21 and P22. The said appeals have been rejected by the Panchayat Committee as can be seen from Exts.P25 and P27. The petitioners impugn the same on the ground that WP(C) NO. 2987 OF 2024 : 4 : they have been passed without hearing them and are cryptic and nonspeaking orders.

2. Heard the learned counsel for the petitioners and Sri.Manoj Ramaswamy, the learned Standing Counsel for the respondents.

3. On going through Exts.P25 and P27, it can be seen that the said communications have been issued by the Secretary of the Panchayat intimating the petitioners that their appeals have been rejected by the Panchayat Committee. It is stated in Exts.P25 and P27 that the Panchayat Committee has decided not to consider the applications of the petitioner for renewal of licence. However, no reason whatsoever is forthcoming for not considering the applications.

4. The petitioners had preferred appeals under Section 276(1) of the Act. Being statutory appeals, the WP(C) NO. 2987 OF 2024 : 5 : Panchayat Committee ought not to have disposed of the same in a casual manner. I find that the decision of the Panchayat Committee is vitiated by violation of principles of natural justice. Accordingly, Exts.P25 and P27 are set aside and the Panchayat Committee is directed to re-consider Exts.P24 and P26 appeals, after hearing the respective petitioners and in accordance with law, at any rate, within a period of one month from the date of receipt of a copy of this judgment. Till fresh orders are passed and communicated, there shall not be any coercive steps against the petitioners pursuant to Exts.P25 and P27. The writ petition is disposed of as above. MURALI PURUSHOTHAMAN JUDGE SB Sd/- WP(C) NO. 2987 OF 2024 : 6 : PETITIONER EXHIBITS APPENDIX Exhibit P1 A TRUE COPY OF ONE OF THE TAX RECEIPTS ISSUED BY THE VILLAGE OFFICER DATED 02.09.2017 Exhibit P2 A TRUE COPY OF ONE OF THE TAX RECEIPTS ISSUED BY THE VILLAGE OFFICER DATED 02.09.2017 Exhibit P3 A TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICE DATED 27.10.2017 Exhibit P4 A TRUE COPY OF THE BUILDING PERMIT ISSUED BY THE 2ND RESPONDENT DATED 28.11.2017 Exhibit P5 A TRUE COPY OF THE PLAN APPROVED BY THE 2ND RESPONDENT WHILE ISSUING A PERMIT DATED NIL Exhibit P6 A TRUE COPY OF THE REPORT SUBMITTED BY THE ASSISTANT ENGINEER OF THE RESPONDENT PANCHAYAT DATED 24.01.2019 Exhibit P7 A TRUE COPY OF THE CERTIFICATE ISSUED BY THE FIRE AND RESCUE SERVICES DEPARTMENT DATED 10.10.2018 Exhibit P8 A TRUE COPY OF THE COMPLETION PLAN SUBMITTED BY THE 1ST PETITIONER DATED 13.02.2019 Exhibit P9 A TRUE COPY OF THE TAX RECEIPT ISSUED BY THE RESPONDENT PANCHAYAT FOR THE BUILDING OF THE 1ST PETITIONER BEARING NUMBERS 4/781 A TO C DATED 28.01.2019 Exhibit P10 . A TRUE COPY OF THE NOTICE ALONG WITH THE ORDER ISSUED UNDER S.235 W(1) OF THE KERALA PANCHAYAT RAJ ACT, ISSUED BY THE 2ND RESPONDENT DATED 26.08.2019 Exhibit P11 A TRUE COPY OF THE REPLY GIVEN BY THE 1ST PETITIONER TO THE EXT.P10 NOTICE AND ORDER DATED NIL Exhibit P12 A TRUE COPY OF THE FINAL ORDER ISSUED BY THE WP(C) NO. 2987 OF 2024 : 7 : 2ND RESPONDENT DATED 04.11.2019 Exhibit P13 A TRUE COPY OF THE REPLY SUBMITTED BY THE 1ST PETITIONER ALONG WITH THE ACKNOWLEDGMENT RECEIPT DATED 25.11.2019 Exhibit P14 A TRUE COPY OF THE AUDIT INQUIRY REPORT BEARING NO.17-21 DATED 28.09.2021 Exhibit P15 A TRUE COPY OF THE NOTICE ISSUED BY THE RESPONDENT PANCHAYAT DATED 06.09.2022 Exhibit 16 A TRUE COPY OF THE NOTICE ISSUED BY THE PANCHAYAT DATED 30.09.2021 Exhibit 17 A TRUE COPY OF THE REPLY SUBMITTED BY THE 1ST PETITIONER DATED 02.11.2021 Exhibit P18 A TRUE COPY OF THE REPLY GIVEN BY THE 1ST PETITIONER TO THE PANCHAYAT DATED 18.10.2022 Exhibit P19 A TRUE COPY OF THE ORDER ISSUED BY THE SECRETARY OF THE PANCHAYAT BEARING NUMBER A4- 6094/18 DATED 05.06.2023 Exhibit P20 A TRUE COPY OF THE ORDER OF THE HON'BLE TRIBUNAL FOR THE LOCAL SELF-GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM IN I.A.NO. 1126 OF 2023 IN APPEAL NO.417 OF 2023 DATED 31.07.2023 Exhibit P21 A TRUE COPY OF THE REJECTION ORDER ISSUED BY THE 2ND RESPONDENT TO THE 4TH PETITIONER DATED 01.06.2023 Exhibit P22 A TRUE COPY OF THE REJECTION ORDER ISSUED BY THE 2ND RESPONDENT TO THE 3RD PETITIONER DATED 02.09.2023 Exhibit P23 A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP(C) 32806 OF 2023 DATED 06.10.2023 Exhibit P24 A TRUE COPY OF THE STATUTORY APPEAL SUBMITTED BY THE 4TH PETITIONER BEFORE THE PULPALLY WP(C) NO. 2987 OF 2024 : 8 : GRAMA PANCHAYAT COMMITTEE DATED 11.10.2023 Exhibit P25 A TRUE COPY OF THE REJECTION ORDER ISSUED BY THE 3RD RESPONDENT TO THE 4TH PETITIONER DATED 16.12.2023 Exhibit P26 A TRUE COPY OF THE STATUTORY APPEAL SUBMITTED BY THE 3RD PETITIONER BEFORE THE PULPALLY GRAMA PANCHAYAT COMMITTEE DATED 11.10.2023 Exhibit P27 A TRUE COPY OF THE REJECTION ORDER ISSUED BY THE 3RD RESPONDENT TO THE 3RD PETITIONER DATED 19.12.2023