Mariamma John Philip vs State Of Kerala
2021 Latest Caselaw 17159 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
  FRIDAY, THE 13TH DAY OF AUGUST 2021/22ND SRAVANA, 1943
                    WP(C) NO. 15745 OF 2021
PETITIONER:

         MARIAMMA JOHN PHILIP, AGED 45,
         W/O.JOHN PHILIP, CHAIRPERSON OF
         CHENGANNUR MUNICIPALITY, RESIDING AT
         KALLANPARAMBIL HOUSE, MUNDANCAVU,CHENGANNUR P.O.,
         ALAPPUZHA DISTRICT, PIN-689 121.

         BY ADVS.
         JOSEPH GEORGE
         JIBU P THOMAS
RESPONDENTS:
    1     STATE OF KERALA REPRESENTED BY
          ITS SECRETARY, DEPARTMENT OF
          URBAN AFFAIRS, GOVERNEMNT SECRETARIAT,
          THIRUVANANTHAPURAM, PIN-695 001.

    2    THE DIRECTOR, DEPARTMENT OF
         URBAN AFFAIRS, GOVERNMENT SECRETARIAT,
         THIRUVANANTHAPURAMM, PIN-695 001.

    3    CHENGANNUR MUNICIPALITY REPRESENTED BY ITS
         SECRETARY, OFFICE OF THE CHENGANNUR MUNICIPALITY,
         CHENGANNUR P.O.,ALAPUZHA DISTRICT, PIN-689 121.

    4    S.NARAYANAN, AGE AND FATHERS NAME
         NOT KNOWN TO THE PETITIONER, SECRETARY,
         CHENGANNUR MUNICIPALITY, CHENGANNUR P.O.,
         ALAPPUZHA DISTRICT, PIN-689 121.

         BY GOVT.PLEADER SRI.SYAMANTHAK B.S.
         SHRI.S.HARIKRISHNAN,SC,CHENGANNUR MUNICIPALITY
         V.N.HARIDAS
         SIBY.P.JOSE
         K.T.BOSCO
         SMITHA GOPINATH

     THIS WRIT PETITION       (CIVIL) HAVING COME UP      FOR
ADMISSION ON 13.08.2021,      THE COURT ON THE SAME       DAY
DELIVERED THE FOLLOWING:
 WP(C) No.15745/2021
                                 :2 :




                         JUDGMENT

~~~~~~~~~

Dated this the 13th day of August, 2021

The writ petition has been filed by the Chairperson

of Chengannur Municipality seeking to declare that the

government is duty bound to transfer the 4 th respondent from

Chengannur Municipality on the basis of the decision taken in

the Special Council meeting of Chengannur Municipality held

on 25.06.2021.

2. According to the petitioner, the Secretary is

violating service rules, is misusing the funds of municipality

and official vehicle and is residing about 100 Km. away from

the municipal office. The petitioner therefore seeks to

command the 1st respondent to issue necessary order

transferring the 4th respondent-Secretary within the shortest

possible time.

WP(C) No.15745/2021

3. The learned Government Pleader submitted that on

receipt of the representation from the 3 rd respondent-

Municipality, the issue has been referred to the 2 nd

respondent-Director, Department of Urban Affairs, to submit a

report.

4. The learned counsel for the 4 th respondent

submitted that the proceedings now initiated is unsustainable

in the eye of law and no action can be taken without notice to

him.

5. Heard the learned counsel for the petitioner, the

learned Government Pleader for respondent 1 and 2, the

learned Standing Counsel for the 3rd respondent and the

learned counsel for the 4th respondent.

6. As per Section 48(6) of the Kerala Municipality Act,

1994, if the Municipal Council passes a resolution at a special

meeting, the Government shall transfer the Secretary. In this

case, the 3rd respondent-Municipality has passed a resolution

in a special meeting. The 1st respondent has initiated steps

under Section 48 and has directed the 2 nd respondent to WP(C) No.15745/2021

submit a report in this regard.

In such circumstances, the writ petition is disposed

of directing respondents 1 and 2 to take a final decision in the

matter within a period of two months. The 4 th respondent will

be at liberty to make his submissions/representations before

the 1st respondent in the matter.

Sd/-

N. NAGARESH, JUDGE

aks/13.08.2021 WP(C) No.15745/2021

APPENDIX OF WP(C) 15745/2021

PETITIONER'S EXHIBITS

Exhibit P1 TRUE PHOTOCOPY OF THE COMPLAINT DATED 19.6.2021 SUBMITTED BEFORE THE DEPUTY SUPERINTENDENT OF POLICE CHENGANNUR BY THE PETITIONER.

Exhibit P2 TRUE PHOTOCOPY OF LETTER DATED 24.6.2021 SENT TO THE 2ND RESPONDENT BY THE PETITIONER.

Exhibit P3 TRUE PHOTOCOPY OF THE RESOLUTION DATED 21.6.2021 SUBMITTED BY COUNCILORS SARATH CHANDRAN AND SHOBHA VARGHESE.

Exhibit P4 TRUE PHOTOCOPY OF THE SHOW CAUSE NOTICE DATED 21.6.2021 ISSUED TO THE 4TH RESPONDENT BY THE PETITIONER.

Exhibit P5 TRUE PHOTOCOPY OF MINUTES OF THE SPECIAL COUNCIL MEETING OF CHENGANNUR MUNICIPAL COUNCIL HELD ON 25.6.2021.

Exhibit P6 TRUE PHOTOCOPY OF COVERING LETTER DATED 1.7.2021 ATTACHED WITH THE RESOLUTION AND MINUTES.

Exhibit P7 TRUE PHOTOCOPY OF THE LETTER DATED 1.7.2021 ISSUED TO THE 2ND RESPONDENT BY THE PETITIONER.

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