BABY S. Vs. KALLUVATHUKKAL GRAMA PANCHAYAT

JUDGEMENT

(1.) 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 1/2/2019 for a period of one year with effect from 1/4/2019. On 6/8/2019, Babu passed away due to heart attack. According to the petitioner, on 24/8/2019, 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 24/8/2019, 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 on or before 31/8/2019. It is also pointed out that on 1/9/2019, Ext. P7 notice was published in the notice board of the Grama Panchayat informing the public that the shop rooms will be auctioned on 18/9/2019 at 3 p.m, which came to the notice of the petitioner belatedly. It was under the aforesaid background that the petitioner has filed the writ petition seeking to quash Ext. P6 notice dtd. 24/8/2019 and Ext. P7 auction notice dtd. 1/9/2019. The petitioner has also sought for consideration of Ext. P5 representation dated nil requesting the Panchayat to transfer the licence in favour of the petitioner.