MANALUR GRAMA PANCHAYATH Vs. VISHNU A. V.

JUDGEMENT

(1.) These appeals are preferred by respondent Nos.1, 2 and 4 respectively in W.P.(C) No.9269 of 2021, challenging the judgment of the learned single Judge dtd. 5/1/2022, wherein the learned single Judge, after considering the rival submissions and taking into account Sec. 222 of Kerala Panchayat Raj Act, 1994, hereinafter called, "Act, 1994" and other relevant provisions of the Act, 1994, allowed the writ petition and directed respondents 1 and 2 to take proceedings under Sec. 222(5) of the Act, 1994, to close down the private market run without licence in the property of the appellant in W.A.No.334 of 2022 - 4th respondent in the writ petition, expeditiously and in accordance with law.

(2.) Brief material facts for the disposal of the writ appeals are as follows;

(3.) The writ petitioners are residents, close to the buildings owned by the appellant Church, which according to the writ petitioners, is a private market as per the description contained under Sec. 222 of the Act, 1994 and the definitions given to the "market" and "private market" in the Act. It is the case of the 3rd petitioner that his boundary shares with the boundary of the said building complex. That apart, it is submitted that the property in which the alleged market situated is having an extent of about 1.69 Acres, wherein about 212 shop rooms are constructed. According to the petitioners, in spite of the earnest efforts made by them before the statutory authorities to take appropriate action, since no licence was secured by the Church for running a private market and inspite of the directions issued by this Court in Exhibit P1 judgment in W.P.(C) No.3154 of 2009 dtd. 29/5/2009 and the judgment in W.P.(C) No.19426 of 2018 dtd. 19/11/2019, the authorities have not taken any action, which persuaded the writ petitioners to approach this Court by filing the present writ petition.