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Judgment
Syam Kumar V. M., J.
This OP (RC) is filed challenging Ext. P8 order passed by the Rent Controller, Kuthuparamba.
It is noted that, in the course of consideration of this OP (RC), that a reference order had been rendered on 03.02.2025, relevant portion whereof reads as follows:
“4.The petitioners rely on a judgment of this Court in OP (RC) No.154/2024 dated 25.11.2024. This Court in the above judgment held that when an area in a Panchayat later becomes part of a Municipality, a fresh Notification is required. According to us, the above judgment of the Division Bench is prima facie against the provisions of the Act. Under Section 1(3) of the Act, Notification is in respect of the area and not based on the nature of the local authority. Once the area is notified, whether it later becomes Panchayat, or Corporation has no impact unless the area is excluded by separate Notification or exempted under Section 25 of the Act. Without looking into the legal impact of Section 1(3) of the Act, the learned Division Bench proceeded to decide the law contrary to Section 11(3) of the Act.
In such circumstances, we are of the view that the matter has to be placed before the Full Bench after placing the matter before the Honourable the Chief Justice. However, we direct the Execution Court to proceed with the execution.”
Subsequent thereto, a Full Bench of this Court had answered the reference vide order dated 15.01.2026, inter alia, holding that under Section 1(3) of the Act, notification is in respect of an area and is not based on the nature of the local authority and once the area is notified, whether it becomes a Panchayat or Corporation, the same has no impact unless the area is excluded by a separate notification or exempted under Section 25 of the Act.
We have heard Mr. R. Surendran, learned counsel for the respondents in this matter.
It is noted that as early as on 04.02.2025, delivery had been ordered and the same has been affected. Thus nothing survives in the OP (RC) for further consideration.
Accordingly, the OP (RC) is dismissed. ORDER IN RCA NO. 80/2023 DATED.