MATHEW SEBASTIAN Vs. MELATTUR GRAMA PANCHAYATH

JUDGEMENT

(1.) The captioned writ petitions are filed by the tenants of the building owned and possessed by the 1st respondent i.e., the Melattur Grama Panchayat, which is not under dispute at all. Therefore, I heard them together and propose to deliver a common judgment.

(2.) The Grama Panchayat has constructed a new shopping complex with the intention to demolish the old one and to accommodate more persons, including the Panchayat office. The construction of the shopping complex is over by January, 2018, and it was ready for auction. When the construction of the shopping complex was completed, the Panchayat Committee was convened and unanimously decided to allot 10 shop rooms in the new shopping complex to the existing tenants including the petitioners to help them to continue their business, evident from decision No.3(2) dated 12.03.2018 of the 1 st respondent Panchayat. The said decision was taken on the basis of the provisions of the Bye-law adopted by the Panchayat, evident from Ext.P4.

(3.) Petitioners are allotted with various room numbers. However, the allotment of rooms to the petitioners were under challenge before this Court in W.P.(C) No.15279 of 2018 on the ground that there is no enabling power to the Panchayat to provide shop rooms to the tenants otherwise than by auction. Anyhow, as per the direction issued by this Court in the writ petition challenging the allotment of the shop rooms to the petitioners, an interim order was passed, directing the Panchayat to conduct auction. Accordingly, auction was conducted and shop rooms were allotted to the persons participated in the auction.