LAWS(KER)-2018-11-118

SAJITHA Vs. STATE OF KERALA

Decided On November 02, 2018
SAJITHA Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The captioned writ petitions are materially connected in respect of action initiated by the Secretary of the Perambra Grama Panchayat, Kozhikode district, against the petitioners as per the provisions of the Kerala Panchayat Raj Act, 1994, and the rules formulated for disposal of property by the Panchayats, on the ground that the tenants have sublet the premises to various other persons and therefore, the Municipality is entitled to initiate action to recover possession of the same.

(2.) In W.P.(C).No.25863/2018, Ext.P4 is the notice dated 17.7.2018. Likewise, in the other cases also, notices were issued by the Municipality and replies were submitted by the tenants and they are pending consideration.

(3.) Detailed counter affidavits are filed in all the writ petitions separately and in W.P. (C).No.25863/2018, according to the Panchayat, the tenant is a different person and the petitioner therein is paying the license fee and getting the D & O licenses renewed. However, there is ample evidence before the Panchayat to establish that the building is sublet to other persons.