KADEEJA W/O HAMSA Vs. VALANCHERY GRAMA PANCHAYAT P O VALANCHERY MALAPPURAM REPRESENTED BY ITS SECRETARY

JUDGEMENT

(1.) THE petitioner participated in the auction conducted by the 1st respondent -Panchayat for leasing out shop rooms pursuant to Exts. P1 to P6. The petitioner was the highest bidder for five shop rooms. The petitioner paid the beneficiary contribution evidenced by Ext.P7 and also deposited advance towards rent. The rooms were not handed over to the petitioner for occupation and lease deeds were also not executed. The petitioner has been issued Exts. P8 to P10 and similar notices adjusting deposits made by the petitioner towards rent and demanding further amounts towards rent. The petitioner challenges the same on the ground that without the petitioner being put in occupation of the shop rooms, no lease rent is payable by the petitioner in respect of the shop rooms. Therefore, the petitioner seeks the following reliefs:

(2.) A counter affidavit has been filed by the 1st respondent and a reply affidavit has also been filed.

(3.) THE Panchayat shall take up and consider the question of payment by the petitioner of arrears of rent for the period during which the petitioner was not in occupation of the shop rooms and pass appropriate orders expeditiously. Until then, the petitioner shall not be required to pay the arrears of lease rent. The challenge in this writ petition against Ext.P11 bye-laws is left open to be agitated by the petitioner if he chooses to do so in future.