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T.v.Sreekumaran Nair v. Kodungalloor Municipality

Kerala HC6 Mar 2008WP(C)/6666/2008

Case brief

AI extract

What is this about?

In this writ petition, the petitioner challenged the delay in constructing a solid waste disposal plant by the Kodungallor Municipality. The court directed the Municipality to complete and commission the plant by 15.6.2008 and dismissed the petition with costs.

What did the court decide?

Directed the Municipality to complete and commission the solid waste disposal plant by 15.6.2008; dismissed the writ petition with costs.

T.v.Sreekumaran Nair Vs Kodungalloor… — Pension and Retirement Benefits | Kerala HC (2008)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE

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THURSDAY, THE 6TH MARCH 2008 / 16TH PHALGUNA 1929

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WP(C).No. 6666 of 2008(R)

PETITIONER:

T.V.SREEKUMARAN NAIR, S/O.VASUDEVAN NAIR, MURUKKARATHALA PUTHEN VEEDU, LOKAMALESWARAM VILLAGE, KODUNGALOOR.

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BY ADV. SRI.C.E.UNNIKRISHNAN

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RESPONDENT: -------------

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THE KODUNGALOOR MUNICIPALITY, REPRESENTED BY ITS SECRETARY, KODUNGALLOOR.

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BY ADV. SRI.M.P.ASHOK KUMAR

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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PIUS C. KURIAKOSE,J.

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- - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.6666 of 2008

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- - - - - - - - - - - - - - - - - - - - - - - - - Dated: 6^th March, 2008

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JUDGMENT

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Mr.M.P.Ashok Kumar, Standing Counsel for the respondentMunicipality was directed to facilitate filing of an affidavit stating as to when the Municipality will be able to complete the construction of the waste disposal plant. Pursuant to that a detailed counter affidavit has been filed by the Secretary of the Municipality producing Exts.R1(a) to R1(c) explaining as to why the plant could not be commissioned so far. It is stated in paragraph 12 of the said counter affidavit as follows:

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“Out of the 2.32 acres of land was acquired for establishment of a burial ground and solid waste yard 75 cents of land has already been handed over to NSIC for the establishment of the solid waste treatment plant. As per the agreement with NSIC the execution work of the solid waste disposal plant will be completed within 100 days. The Writ Petition is devoid of merits and liable to be dismissed with costs.”

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The above quoted paragraph 12 is recorded and I dispose of the Writ Petition directing the Municipality to ensure that the waste disposal plant referred to in the counter affidavit is completed and

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W.P.C.No.6666/08 - 2 -

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commissioned at the earliest and at the latest by 15.6.2008.

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srd

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PIUS C.KURIAKOSE, JUDGE

T.v.Sreekumaran Nair v. Kodungalloor Municipality

Case brief

What is this about?

What did the court decide?

T.v.Sreekumaran Nair v. Kodungalloor Municipality

Case brief

What is this about?

What did the court decide?

What the court decided

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