Shibumon vs Kayamkulam Municipality

Citation : 2024 Latest Caselaw 11714 Ker
Judgement Date : 25 April, 2024

Kerala High Court

Shibumon vs Kayamkulam Municipality on 25 April, 2024

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

               THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

          THURSDAY, THE 25TH DAY OF APRIL 2024 / 5TH VAISAKHA, 1946

                           WP(C) NO. 16491 OF 2024

PETITIONER:

              SHIBUMON
              AGED 42 YEARS
              S/O HANEEFA,PUTHANMANNEL (THUNDAYYATHU), MANNKUNNU,
              CHERAVALLY, KAYAMKULAM, ALAPPUZHA., PIN - 690 513.

              BY ADV M.R.SASITH



RESPONDENTS:

     1        KAYAMKULAM MUNICIPALITY
              KAYAMKULAM, ALAPPUZHA, REPRESENTED BY ITS SECRETARY.,
              PIN - 690 502.

     2        THE SECRETARY
              KAYAMKULAM MUNICIPALITY, KAYAMKULAM, ALAPPUZHA.,
              PIN - 690 502.

              BY ADV RAJAN T R




         THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

25.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 16491 OF 2024

                                    : 2 :



                               JUDGMENT

The petitioner, who is the successful bidder in the auction held by the respondents Municipality for the collection of vegetable market fees, has approached this Court challenging Ext.P3 demand notice for an amount of Rs.5,78,673/- (Rupees Five lakhs seventy eight thousand six hundred and seventy three only) issued by the respondents Municipality. The grievance of the petitioner is that Ext.P3 was passed without considering Ext.P1 representation which is pending consideration.

2. Even though the learned counsel appearing for the respondents opposed the said fact, I am of the view that since the petitioner has submitted Ext.P1 representation, it is only proper that the 2 nd respondent takes a decision thereon, as expeditiously as possible.

Accordingly, the writ petition is disposed of, directing the 2nd respondent to take up Ext.P1 representation and pass appropriate orders, WP(C) NO. 16491 OF 2024 : 3 : in accordance with the law, within a period of three weeks from the date of receipt of a certified copy of this judgment.

Sd/-

ZIYAD RAHMAN A. A. JUDGE S.M.K. WP(C) NO. 16491 OF 2024 : 4 : APPENDIX OF WP(C) 16491/2024 PETITIONER'S EXHIBITS Exhibit P1 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS 22.5.2023.

Exhibit P2 THE TRUE COPY OF THE NOTICE ISSUED BY THE RESPONDENT NO.2 TO THE PETITIONER DATED 10.05.2023.

Exhibit P3 TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT DATED 13/7/2023.