VAMAKASITY Vs. EXECUTIVE OFFICER OCHIRA PANCHAYAT

JUDGEMENT

(1.) Petitioner with her husband and daughter owns an extent of 55 cents of land in Perinad Village. According to the petitioner, this land was granted on a licence to one Vijayan, who however contends in some other proceedings that he has been put in possession of the same as a lessee. In O. S. No. 122 of 1980 of the Karunagappally Munsiff's Court, the question directly arises as between the petitioner and Vijayan as to whether this transaction between them in respect of the property, evidenced in this case by Ext. P5 is a lease or licence.

(2.) The period of occupation stipulated in the deed Ext. P5 was ten years and the purpose of the grant was conduct of cinema in the property for the stipulated period.

(3.) The fourth respondent applied to the Executive Officer, Oachira Panchayat, the second respondent for grant of a licence for conducting the cinema in the property for the year 1978-79 under the provisions of the Kerala Cinemas (Regulation) Act, 1958. The fourth respondent was conducting cinema shows in the site from 1969 and it would appear that in the earlier periods he had applied for and obtained licence as Manager of the Cinema under Vijayan. In regard to the year 1978-79, petitioner and her daughter objected to the issuance of the licence. By order dated 19-10-1979 the Executive Officer rejected the application for licence. Consequently, fourth respondent moved this Court in O P. No. 4163 of 1979 challenging the Executive Officer's order. Before filing the writ petition, he had filed an appeal to the Panchayat from the order of the Executive Officer. During the pendency of the writ petition - O. P. No. 4163 of 1979 the Panchayat passed a resolution directing the Executive Officer to issue a licence to the first respondent after obtaining from him an agreement to discharge the arrears of tax due to the Panchayat in respect of the said cinema by the prior licencee in monthly instalments of Rupees One hundred each.