POONGOTTIL PRASAD Vs. MELATTUR GRAMA PANCHAYAT

JUDGEMENT

(1.) The petitioner, who is a small scale Businessman and who obtained licence to possess a shop room of the Melattur Grama Panchayat, is before this Court seeking to direct respondents 1 and 2 to forthwith refund to the petitioner, a sum of ?1,10,800/- collected from the petitioner as Security Deposit. The petitioner states that he continued to occupy the shop room premises of the Panchayat up to the year 2018. The petitioner had remitted an amount of ?1,10,800/- as Security Deposit. The Security Deposit has to be repaid on vacating the premises.

(2.) Though the petitioner vacated the premises and sought refund of the amount, the respondents have not given refund stating that some vigilance proceedings are pending in the matter. The petitioner seeks a writ of mandamus directing respondents 1 and 2 to refund the amount.

(3.) Standing Counsel entered appearance on behalf of respondents 1 and 2 and contested the writ petition filing counter affidavit. On behalf of the respondents, it is submitted that the respondents verified the documents and records of the relevant period and found that Exts.P1 to P3 receipts are forged one. It is submitted that the aforementioned amounts were not credited to the account of the Panchayat. One Mr.Muhammed Kasim, who was the then UD Clerk of the Panchayat, has committed several financial irregularities in the respondent-Grama Panchayat and he collected the said amount from the petitioner which was never credited to the account of the Panchayat.