IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 29TH DAY OF JUNE 2022 / 8TH ASHADHA, 1944
WP(C) NO. 21091 OF 2022
PETITIONER:
LEELA P
AGED 80 YEARS
W/O. KAMALASANAN, KAMALALAYAM, BHARANIKKAVU, PUNALUR,
KOLLAM DISTRICT- 691305.
BY ADV K.T.THOMAS (KANNAMPALLIL)
RESPONDENTS:
1 THE MUNICIPAL COUNCIL, PUNALUR MUNICIPALITY
PUNALUR P.O., KOLLAM DISTRICT - 691307
REPRESENTED BY CHAIRMAN.
2 PUNALUR MUNICIPALITY,
PUNALUR P.O., KOLLAM DISTRICT - 691307
REPRESENTED BY ITS SECRETARY
3 THE SECRETARY,
PUNALUR MUNICIPALITY, PUNALUR P.O.,
KOLLAM DISTRICT - 691307.
BY ADV SHRI.MANOJ RAMASWAMY, SC, PUNALUR MUNICIPALITY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 21091 of 2022
2
JUDGMENT
Dated this the 29th day of June, 2022 The petitioner, who has been assigned Shoproom No.RHB GF 3 in the Nehru Memorial Rest House Building, Valakode, Punalur Municipality, is before this Court seeking to set aside Exts.P2 and P3 and to direct the 1st respondent-Municipal Council to consider and pass orders on Ext.P4 statutory Appeal submitted by the petitioner within a time frame as fixed by this Court.
2. The petitioner has taken on rent a shoproom from the 2nd respondent-Punalur Municipality. According to the petitioner, due to old age and ilhealth, the petitioner was unable to run the business and her son is running a bakery in the shoproom. Now, the 3rd respondent-Secretary has issued Ext.P3 order directing the petitioner to pay the arrears of rent and to surrender the shoproom.
WP(C) NO. 21091 of 2022 3
3. Aggrieved by Ext.P3 order of the 3rd respondent, the petitioner has filed Ext.P4 statutory Appeal before the Municipal Council. The petitioner states that the petitioner has good and sufficient grounds to get the order passed by the Secretary to the Municipality set aside. Pending disposal of the Appeal, if the petitioner is evicted from the building, the petitioner will be put to untold hardship and loss.
4. Standing Counsel entered appearance on behalf of respondents 1 to 3. It was submitted that against Ext.P3 order passed by the Secretary to the Municipality, the petitioner has preferred Ext.P4 Appeal petition. Ext.P4 Appeal petition being of a statutory nature, it can be considered in accordance with law, submits the Standing Counsel.
5. Heard the learned counsel for the petitioner and the learned Standing Counsel representing the respondents.
6. In view of the fact that the petitioner, aggrieved by Ext.P3 proceedings, has preferred Ext.P4 Appeal before the WP(C) NO. 21091 of 2022 4 Municipal Council invoking the provisions of the Kerala Municipalities Act, it will be only just and proper that the 1 st respondent decide the Appeal in accordance with law, within a time frame.
In the circumstances, the writ petition is disposed of directing the 1st respondent-Municipal Council to consider and take appropriate decision on Ext.P4 in accordance with law, within a period of three months. Till a decision is taken on Ext.P4, coercive proceedings, if any, against the petitioner shall be kept in abeyance.
Sd/-
N.NAGARESH JUDGE spk WP(C) NO. 21091 of 2022 5 APPENDIX OF WP(C) 21091/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LICENSE ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER Exhibit P2 TRUE COPY OF THE ORDER VIDE NO.H2-
9959/22 DATED 20.05.2022 ISSUED BY THE 3RD RESPONDENT Exhibit P3 TRUE COPY OF THE ORDER VIDE NO.H2-
9959/22 DATED 08.06.2022 PASSED BY THE 3RD RESPONDENT Exhibit P4 TRUE COPY OF THE APPEAL ALONG WITH THE STAY PETITION DATED 16.06.2022 PREFERRED BY THE PETITIONER BEFORE THE 1ST RESPONDENT Exhibit P5 TRUE COPY OF THE RECEIPT VIDE NO. 11716 DATED 17.06.2022 RESPONDENT'S/S EXHIBITS : NIL