Disposed¶28

Raju K M v. State of Kerala

Kerala HC1 Apr 2025WP(C)/10476/2025

Case brief

AI extract

What is this about?

Keywords: Section 57 Kerala Municipality Act; Haripad Municipality; Municipal Council meeting statutory procedure; resolution/minutes dated 15/02/2025; Notice No. 4/2025 dated 14/02/2025; Ext.P3 complaint; direction to Principal Secretary LSGD; time-bound decision one month; hearing of Municipality; WP(C) 10476 of 2025; decided 01.04.2025; Justice Ziyad Rahman A.A.; writ petition disposed with direction; no cases cited; no monetary quantum.

What did the court decide?

Direction to the 2nd respondent to take up Ext.P3 and decide, within one month of receipt of a copy of the judgment and after hearing the Municipality, whether the matter requires reference under Section 57 of the Kerala Municipality Act. ¶28

Raju K M Vs State of Kerala — Kerala HC (2025) — LawSathi Research

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2025:KER:27918

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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 ZIYAD RAHMAN A.A.

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TUESDAY, THE 1^ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947

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WP(C) NO. 10476 OF 2025

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PETITIONER/S:

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RAJU K M AGED 70 YEARS MUNICIPAL COUNCILLOR, WARD NO.18, HARIPAD MUNICIPALITY, RESIDING AT KOCHARIYATTU SAIKARUNYA, NANGIARKULANGARA, VILLAGE CHINGOLI, PALLIPAD, ALAPPUZHA, KERALA, PIN - 690513

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BY ADVS. JOBY CYRIAC KURIAN K JOSE DEVIKA T.R.

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RESPONDENT/S:

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1 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, THIRUVANANTHAPURAM, KERALA, PIN - 695033

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2 THE PRINCIPAL SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, KERALA, MUSEUM, PUBLIC OFFICE PO, THIRUVANANTHAPURAM, KERALA, PIN - 695033

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3 THE PRINCIPAL DIRECTOR LOCAL SELF GOVERNMENT DEPARTMENT, KERALA, SWARAJ BHAVAN, GROUND FLOOR,NANTHANCODU, KOWDIAR.P.O, THIRUVANANTHAPURAM, PIN - 695003

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W.P.C No. 10476 of 2025

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2025:KER:27918

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4 THE HARIPAD MUNICIPALITY REPRESENTED BY ITS SECRETARY, TOWN HALL JN. HARIPPAD, PIN - 690514

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5 THE CHAIRMAN, HARIPAD MUNICIPALITY, TOWN HALL JN. HARIPPAD, PIN - 690514

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BY ADV M.R.ARUNKUMAR

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OTHER PRESENT:

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Smt.Deepa.K.R, Spl.G.P

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.C No. 10476 of 2025

2025:KER:27918

JUDGMENT

The petitioner is a Municipal Councillor of Ward No.18 of the 4^th respondent Municipality. The grievance highlighted by the petitioner is pertaining to a meeting convened by the Municipality without following the statutory procedure and the resolution taken in the said meeting. Being aggrieved by such resolution, the petitioner submitted Ext.P3 complaint, before the 2^nd respondent for initiating proceedings under Section 57 of the Kerala Municipality Act. The limited prayer sought by the petitioner is to direct the 2^nd respondent to take a decision on the same.

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After hearing the learned counsel for the petitioner, the learned Special Government Pleader and the learned Standing Counsel for the respondent No.4, I am inclined to dispose of this writ petition. Accordingly, it is ordered that, the 2^nd respondent shall take up Ext.P3, and take a decision, as to whether the matter requires reference as contemplated under Section 57 of the Kerala Municipality Act, after hearing the views of the

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W.P.C No. 10476 of 2025

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2025:KER:27918

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Municipality as well, within a period of one month from the date of receipt of a copy of this judgment.

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Sd/-

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ZIYAD RAHMAN A.A.

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