The High Court of Kerala dismissed a writ petition challenging a Municipality's decision to renew D&O licences and permit material removal. The court held that the decision was appealable under the Municipality Act and statutory remedies must be exhausted first.
Writ Petition failed and was dismissed.
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 ANTONY DOMINIC
FRIDAY, THE 1ST DAY OF JUNE 2012/11TH JYAISHTA 1934
WP(C).No. 12723 of 2012 (M)
PETITIONER(S): -------------
SUBAIR.P.A., AGED 64 YEARS S/O.LATE ABDUL KHADER, PUTHENPARAMBIL HOUSE PAZHAVATHU P.O., CHANGANACHERRY VILLAGE CHANGANACHERRY TALUK, KOTTAYAM DISTRICT. BY ADV. SRI.A.G.ADITYA SHENOY
RESPONDENT(S): --------------
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-06-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
APPENDIX
PETITIONER(S) EXHIBITS
EXT.P1 TRUE COPY OF THE REPRESENTATION DATED 20.09.2011. EXT.P1(A) TRUE COPY OF THE RECEIPT ISSUED BY THE 1ST RESPONDENT, EXT.P2 TRUE COPY OF THE JUDGMENT DATED 10.01.2012 IN WP(C) 30163/2011 SOF THE HON'BLE HIGH COURT OF KERALA. EXT.P3 TRUE COPY OF THE DECISION ON THE 8TH MEETING OF THE 5TH RESPONDENT DATED 25.5.2012.
EXT.P4 TRUE COPY OF THE ORDER DATED 30.05.2012 ISSUED BY THE 2ND RESPONDENT.
RESPONDENTS' EXHIBITS
ANTONY DOMINIC, J.
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W.P.(C) NO.12723 OF 2012-M
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Dated this the Ist day of June, 2012
J U D G M E N T
Exts.P3 and P4 are under challenge. Ext.P3 reflects the
decision of the first respondent to renew D&O licence issued in respect of Room No.25/849 and 25/850 and to permit removal of materials from Room Nos.25/1206 and 25/1207. Obviously such a decision of the Municipality are appealable in terms of Section 509 of
the Municipality Act and there is no reason for this court to entertain
the writ petition bypassing the statutory remedies.
Writ Petition fails and is dismissed.
(ANTONY DOMINIC) JUDGE
vi/
WPC.No.
:2 :
1 issue framed by the court
Whether the court can entertain the writ petition bypassing statutory remedies under Section 509 of the Municipality Act provided by the impugned decision.
1 provisions across 1 enactments
SUBAIR P.A.
THE CHANGANASSERY MUNICIPALITY REPRESENTED BY ITS SECRETARY, CHANGANACHERRY
THE SECRETARY, CHANGANASSERY MUNICIPALITY, CHANGANACHERRY
MUJEEB RAHMAN
SAIFUDHEEN
THE MUNICIPAL COUNCIL, CHANGANASSERY MUNICIPALITY REPRESENTED BY ITS CHAIRMAN
ANTONY DOMINIC
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
