MALLAPPALLY GRAMA PANCHAYATH Vs. ZEENATH BEEVI

JUDGEMENT

(1.) These Writ Petitions relate to the orders passed by the Tribunal for Local Self Government Institutions against the decision taken by the Mallappally Grama Panchayat W.P. (C) No. 32033/2008 is filed by the aforesaid Panchayat. W.P. (C) No. 32935/2008 is filed by the owner of the building in Sy. No. 382/8 of Mallappally village. W.P. (C) No. 597/2011 is also filed by the same petitioner, against the order in a revision by the Tribunal for Local Self Government Institutions.

(2.) In W.P. (C) No. 32033/2008 by the Panchayat, they would allege that they have issued notice to the first respondent and her children to stop the business conducted in the rooms belonging to the second respondent which according to them, was being conducted without any licence from the Panchayat. The occupant was also directed to pay penalty for carrying on the business without licence as provided under the Kerala Panchayat Raj Act However, on appeal before the Tribunal for Local Self Government Institutions, it was found that the Panchayat cannot recover penalty and directed the Panchayat to issue licence to the occupant. Therefore, the Panchayat has challenged the said order which is produced as Ext. P9 in that Writ Petition.

(3.) As already stated, W.P. (C) No. 32935/2008 is by the owner of shop room. She was arrayed as the second respondent in the Writ Petition filed by the Panchayat. In this Writ Petition, she would allege that one Siddique Musaliar, the late husband of the second respondent (first respondent in W.P. (C) 32033/08) was conducting business in three shop rooms belonging to the petitioner without obtaining licence from the Panchayat. However, pursuant to Ext. P5 judgment of this Court, the first respondent reconsidered the matter and Ext. P6 resolution was passed by the Panchayat and decided to issue notice to the second respondent and other legal heirs of late Siddique Musaliar and the said business was being conducted unauthorisedly. This was followed by Ext. P7 notice to the second respondent.