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Shournur Municipality vs Shournur Municipality
2021 Latest Caselaw 5764 Ker

Citation : 2021 Latest Caselaw 5764 Ker
Judgement Date : 17 February, 2021

Kerala High Court
Shournur Municipality vs Shournur Municipality on 17 February, 2021
             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

          THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

    WEDNESDAY, THE 17TH DAY OF FEBRUARY 2021 / 28TH MAGHA,1942

             RP.No.1001 OF 2020 IN WP(C). 11677/2017

   AGAINST THE JUDGMENT IN WP(C) 11677/2017(G) OF HIGH COURT OF
                              KERALA


REVIEW PETITIONER/1ST RESPONDENT IN WP(C):

             SHOURNUR MUNICIPALITY
             REPRESENTED BY ITS SECRETARY, PALAKKAD, PIN - 679 121

             BY ADV. SRI.P.P.THAJUDEEN

RESPONDENTS/PETITIONER/RESPONDENT 2 TO 8 IN WP(C):

      1      C. M. ABRAHAM
             S/O. C. A. MATHEW, CHEMMERIKATTU HOUSE, PODUVAL
             JUNCTION, MAIN ROAD, SHOURNUR - 1,

      2      ANNIE ABRAHAM
             W/O. C. M. ABRAHAM, CHEMMERIKATTU HOUSE, PODUVAL
             JUNCTION, MAIN ROAD, SHOURNUR - 1,

      3      REGIONAL TRANSPORT AUTHORITY, PALAKKAD
             REP. BY ITS CHAIRMAN (DISTRICT COLLECTOR), PALAKKAD,
             PIN - 678 001.

      4      THE DISTRICT POLICE CHIEF
             PALAKKAD, PIN - 678 001.

      5      THE REGIONAL TRANSPORT OFFICER
             PALAKKAD, PIN - 678 001.

      6      THE SUB INSPECTOR OF POLICE
             SHOURNUR POLICE STATION, SHOURNUR, PALAKKAD, PIN -
             679121.

      7      P. MOHANDAS
             S/O. KRISHNANKUTTY, PRARATH HOUSE, KAVALAPPARA P. O.,
             SHOURNUR, PIN - 679 523.

      8      M. KANNAN
             MANGAT HOUSE, PARUTHIPARA P. O., SHORUNUR, PIN - 679
             121.

      9      THE EXECUTIVE ENGINEER, PWD (ROADS)
 RP.No.1001 OF 2020 IN WP(C). 11677/2017

                               2

             PODUVAL JUNCTION, MAIN ROAD, SHOURNUR - 1.



             ADV. SRI.K J MOHAMED ANZAR SPL GP

     THIS REVIEW PETITION HAVING COME UP FOR ADMISSION        ON
17.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 RP.No.1001 OF 2020 IN WP(C). 11677/2017

                                          3




                                     O R D E R

Dated this the 17th day of February 2021

Review petition was filed by the Municipality

aggrieved by the direction in the judgment to

relocate the parking place from in front of the shop

rooms of the writ petitioners. The writ petition

was allowed directing the official respondents to

remove the unauthorized parking from in front of the

writ petitioners' shop rooms. The review petition

was filed mainly on the ground that the area in

front of the writ petitioners' shop rooms was

identified as a parking place in the meeting

convened by the Traffic Regulatory Committee.

Annexure A is the minutes of the meeting. According

to the writ petitioners, this meeting cannot be

treated as a meeting of the Traffic Regulatory

Committee and therefore, ignoring the above

proceedings the directions in the judgment be

retained.

This Court had no occasion to consider Annexure RP.No.1001 OF 2020 IN WP(C). 11677/2017

A. Whether it has a legal sanctity or not can only

be decided after adjudication of the same. For

proper adjudication of the matter, it is appropriate

to allow the review petition and restore the writ

petition. Accordingly the review petition is allowed

and writ petition is restored to the files.

Post the writ petition before appropriate court

having roster.

Sd/-

A.MUHAMED MUSTAQUE

SAS/17/02/2021 JUDGE

//TRUE COPY//

P.A. TO JUDGE

 
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