The petition was disposed of as the underlying issue was remanded by the Tribunal. The writ petitioner was directed to be heard by the Municipality for a fresh decision.
Petitioner in W.P.(C)No.2499 of 2007 is directed to be heard by the Secretary of the Municipality for a fresh decision in accordance with Tribunal directions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE MONDAY, THE 9TH APRIL 2007 / 19TH CHAITHRA 1929
WP(C).No. 2499 of 2007(V)
PETITIONER:
P.SANKARA WARRIER, VALIYA MADATHIL HOUSE PERINGOL, THIRUVALLA, THROUGH HIS POWER OF ATTORNEY HOLDER, V.S.KRISHNA WARRIER.
BY ADV. SRI.MVS.NAMBOOTHIRY
RESPONDENTS:
1.STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF LOCAL ADMINISTRATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.
*ADDL.R3.C.M.VARGHESE, S/O.THOMAS MAMMEN, RESIDING AT 24/392, CHANDRAVIRATHIL CALIPSO, KACHERI JUNCTION, THIRUVALLA.
*ADDL.R3 IS IMPLEADED AS PER THE ORDER DATED 30.1.2007 IN I.A.NO.1432/07.
R1 BY GOVT. PLEADER SMT.T.B.RAMANI R2 BY ADV. SRI.JACOB MATHEW MANALIL R3 BY ADV.SRI.V.V.NANDAGOPAL NAMBIAR SRI.T.P.PRADEEP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/04/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PIUS C. KURIAKOSE,J.
- - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.2499 of 2007
- - - - - - - - - - - - - - - - - - - - - - - - - Dated: 9th April, 2007
JUDGMENT
It is conceded now that A.S.No.34 of 2007 has been allowed by the Tribunal and that the issue has been remanded back to the Municipality. In view of the above position, the Writ Petition will stand disposed of directing the Secretary of the 2nd respondent-Municipality to hear all concerned parties including the writ petitioner and take a fresh decision in accordance with the directions in the judgment of the Tribunal.
srd
PIUS C.KURIAKOSE, JUDGE
P. SANKARA WARRIER
STATE OF KERALA
THE THIRUVALLA MUNICIPALITY
C.M. VARGHESE
PIUS C. KURIAKOSE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
