MARYKUTTY GEORGE Vs. STATE OF KERALA

JUDGEMENT

(1.) The above Writ Petitions raises common question of law and fact and hence they are disposed of by this common judgment.

(2.) Petitioners in W.P.(C) Nos. 4354, 6582, 8413, 6562, 6731 and 9026/2005 are all licensees of shop rooms in the shopping complex owned by Pandalam Grama Panchayat - the second respondent in W.P.(C) No. 4354/2005. Since the petitioners are all similarly situated persons and the facts being common, it will be sufficient to refer to the facts stated in W.P.(C) No. 4354/2005.

(3.) Petitioners as stated earlier, are licensees in occupation of the stalls belonging to the second respondent Pandalam Grama Panchayat. The first petitioner in O.P.No. 4354/2005 was thus in occupation of stall No. 1 since 1967, doing textile business and the 2nd petitioner was in occupation of stall Nos. 2 and 9 for the past 34 years and he was doing bakery business in the said stall. Third petitioner who was occupying stall No. 14, was doing business in ladies shopping centre. The third respondent filed a petition before the Grama Panchayat, on 12.2.2004 requesting to allot the shop rooms by public auction after the expiry of the period of licence in favour of the existing licensees. The Panchayat, by its resolution dated 28.2.2004 rejected the request against which the third respondent preferred an appeal Ext.P1 dated 3.3.2004 before the Government. Thereafter, he filed O.P. No. 10832/2004 before this Court which was disposed of by Ext.P2 judgment dated 29th March, 2004. This Court, by the aforesaid judgment directed the Secretary, Local Self Government Department, to consider and dispose of Ext.P3 with notice to the petitioner therein and also the Grama Panchay at and other affected parties. A time limit of four months was fixed for disposal of the representation. In the nature of the order passed without deciding the merits of the contentions raised, this Court thought fit not to issue notice to the second respondent Grama Panchayat in the said Writ Petition. Thereafter, after notice to the parties, the Deputy Secretary for Local Self Government Department heard the appeal on 18.8.2004 and by Ext.P4 order dated 27.10.2004 disposed of the same in the following lines: