Akhil vs Attingal Municipality
2021 Latest Caselaw 14438 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                   THE HONOURABLE MR.JUSTICE V.G.ARUN
         TUESDAY, THE 13TH DAY OF JULY 2021 / 22ND ASHADHA, 1943
                         OP(C) NO. 843 OF 2021
PETITIONER/S:

             AKHIL
             AGED 29 YEARS
             S/O. ANILKUMAR, NAINAVILAKOM, VILAYINMOOLA, ATTINGAL
             POST, THIRUVANANTHAPURAM-695 101

             BY ADV J.JAYAKUMAR



RESPONDENT/S:

     1       ATTINGAL MUNICIPALITY
             OFFICE OF THE ATTINGAL MUNICIPALITY, ATTINGAL-695 101,
             THIRUVANANTHAPURAM-695 043, REPRESENTED BY ITS SECRETARY.

     2       THE SECRETARY,
             ATTINGAL MUNICIPALITY, OFFICE OF THE ATTINGAL
             MUNICIPALITY, ATTINGAL-695 101, THIRUVANANTHAPURAM-695
             043

             BY ADV SRI.AYYAPPAN SANKAR,SC,ATTINGAL MUNICIP




     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 13.07.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 843 OF 2021
                                         2



                                       JUDGMENT

Dated this the 13th day of July, 2021

The petitioner opened a flower mart after submitting an application

for license before the 1st respondent Municipality. The Municipality

initiated action for conducting the business without obtaining license and

closed down the shop. Challenging the action, petitioner has filed

Ext.P11 appeal before the Tribunal for Local Self Government

Institutions. The limited relief sought in this original petition is for a

direction to the Tribunal to dispose the appeal expeditiously.

2.I have heard Sri. J Jayakumar, learned counsel for the petitioner

and the Sri. Ayyappan Sankar, learned Standing Counsel for the Attingal

Municipality.

Considering the nature of the relief sought, the original petition is

disposed of directing the Tribunal for Local Self Government Institutions

to take up Ext.P11 appeal on an early date, at any rate within a period of

two months, and to take a decision thereon. While deciding the appeal,

the Tribunal may also take into account Ext.P12 petition.

Sd/-

V.G ARUN JUDGE

SJ OP(C) NO. 843 OF 2021

APPENDIX OF OP(C) 843/2021

PETITIONER ANNEXURE

EXHIBIT P1 TRUE COPY OF THE RECEIPT DATED 2.2.2021 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE NOTICE NO. PH/191/19 DATED 2.2.2021 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE NOTICE NO. PH/1397/21 DATED 4.2.2021 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE REPLY STATEMENT DATED 12.2.2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE RECEIPT DATED 12.2.2021 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE MAHAZAR ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE APPLICATION DATED 15.2.2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE RECEIPT DATED 15.2.2021 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P9 TRUE COPY OF THE APPLICATION DATED 17.2.2021 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P10 TRUE COPY OF THE JUDGMENT DATED 31.1.2020 IN CMA NO. 3/2019 OF SUB COURT, ATTINGAL.

EXHIBIT P11 TRUE COPY OF THE APPEAL MEMORANDUM NO. 94/2021 (WITHOUT EXHIBITS) FILED BY THE PETITIONER BEFORE THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM.

EXHIBIT P12 TRUE COPY OF THE I.A.NO. 226/2021 IN APPEAL NO. 94/2021 FILED BY THE PETITIONER BEFORE THE OP(C) NO. 843 OF 2021

TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM.

EXHIBIT P13 TRUE COPY OF THE ORDER DATED 19.3.2021 IN I.A.

NO. 226/2021 IN APPEAL NO. 94/2021 OF TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM.

EXHIBIT P14 TRUE COPY OF THE I.A.NO. 251/2021 IN APPEAL NO.94/2021 FILED BY THE PETITIONER BEFORE THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS , THIRUVANANTHAPURAM.