Bench allowed petitioners to modify an interim order, permitting the licensee to enjoy a varied municipal permit pending final disposal of writ petitions challenging the Tribunal's decision.
Leave granted to licensee to enjoy the varied municipal permit (metal and water soling permitted instead of tarring) pending final disposal; interim order modified.
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 THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 11TH JUNE 2009 / 21ST JYAISHTA 1931
WP(C).No. 12506 of 2009(G) --------------------------------------
PETITIONER(S):
----------------------
T.K. JOHN, AGED 75, S/O. KURIAN, CHARTERED ACCOUNTANT, THOPPIL HOUSE, RAIL RAOD, ALUVA.
BY ADV. SMT.AYSHA YOUSEFF MR.V.K.SIDHIQUE SMT.SAJITHA SIDHIK
RESPONDENT(S):
------------------------
1. ALUVA MUNICIPALITY, REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE, ALUVA.
2. R. MADHAVA KUMAR, AGED 60, S/O. RAGHAVAN PILLAI, KUNNUMPURATH PUTHEN VEETTIL HOUSE, TASS ROAD, ALUVA.
R1 BY ADV. MR.V.M.KURIAN, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/06/2009, ALONG WITH WPC NO. 13663 OF 2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rs.
THOTTATHIL B RADHAKRISHNAN, J
........................................... WP(C).NOs.12506 & 13663 OF 2009 ............................................ DATED THIS THE 11th DAY OF JUNE, 2009
JUDGMENT
The petitioners in WP(C)13663 of 2009 challenge a decision of the Tribunal for Local Self Government institutions. That order is Ext.P16 in that writ petition. At the stage of admission, this court stayed further proceedings pursuant to that order and it was made clear that the said interlocutory order will not stand in the way of the Municipality taking any steps pursuant to Ext.P15.
WP(C)12506/2009 & CONN.
2
the other by Smt.Remadevi, the fourth respondent in WP(C) 13663 of 2009, who is the sister of the petitioners.
WP(C)12506/2009 & CONN.
3
opportunity of hearing, are also found.
WP(C)12506/2009 & CONN.
4
Judge to have directed that the interim order granted on
15.5.2009 would not stand in the way of the Municipality taking
steps pursuant to Ext.P15.
Writ petition ordered accordingly.
THOTTATHIL B RADHAKRISHNAN, JUDGE
lgk/15/6
2 issues framed by the court
Whether the licensee has shown grounds to modify the interim order granted earlier allowing them to enjoy the varied license pending final disposal.
Whether the interim order should be modified given the Tribunal's interference on procedural grounds and lack of entitlement to jointly apply for the license.
T.K. JOHN
R. MADHAVA KUMAR
ALUVA MUNICIPALITY
THOTTATHIL B RADHAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
