P.J.Soman vs State Of Kerala
2021 Latest Caselaw 7896 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

              THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

     MONDAY, THE 08TH DAY OF MARCH 2021 / 17TH PHALGUNA, 1942

                     WP(C).No.11669 OF 2012(G)


PETITIONER:

              P.J.SOMAN
              AGED 56 YEARS
              S/O. JOSEPH, PARAKKATHUDIYIL, R.P. COLONY P.O.,
              MUNDAKAYAM.

              BY ADVS.
              SRI.E.A.BIJUMON
              SRI.AJEESH S.BRITE

RESPONDENT:

      1       STATE OF KERALA,
              REPRESENTED BY SECRETARY, LOCAL SELF GOVERNMENT
              DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.

      2       MUNDAKAYAM GRAMA PANCHAYAT,
              REPRESENTED BY ITS SECRETARY, MUNDAKAYAM GRAMA
              PANCHAYAT, MUNDAKAYAM, KOTTAYAM DISTRICT-689301.

      3       SECRETARY,
              MUNDAKAYAM GRAMA PANCHAYAT, MUNDAKAYAM, KOTTAYAM
              DISTRICT-689301.




              SRI.SURIN GEORGE IPE, SENIOR GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD           ON
08.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.11669 OF 2012(G)                    2




                                     JUDGMENT

Dated this the 8th day of March, 2021

This writ petition is filed by the petitioner seeking the following reliefs:

[a]. A writ of certiorari or any other appropriate writ, order or direction quashing Exhibits P3, P4, P4 and P8.

[b]. Issue a writ of Mandamus or any other appropriate writ, direction or order directing respondents 1 and 2 to consider and pass orders on Exhibit P1 petition filed by the petitioner after giving her an opportunity of being heard.

(c) To grant any other relief that this Hon'ble Court may deem fit to grant in the nature and circumstances of the case and

(d) Allow this writ petition with cost.

2. The subject issue relates to the action initiated by the Corporation of

Kochi under section 406 of the Kerala Municipality Act, 1994. The paramount

contention advanced was that no opportunity of hearing was provided to the

petitioner before the final order was passed under section 406(3) of the Act,

1994.

3. In fact, when this matter was came up for admission on 14.1.2013,

urgent notice was ordered. Thereafter, the matter was not posted before the

Bench. Therefore, it cannot be believed that anything survives to be

considered in this matter at this distance of time. Moreover, a statutory remedy

is provided to the petitioner as per the provisions of the Act, 1994 to prefer an

appeal to the Council/Tribunal. Therefore, I do not find any reason to grant the

relief at this distance of time.

Writ petition is dismissed accordingly.

Sd/-

                                                  SHAJI P.CHALY

smv                                                    JUDGE



                            APPENDIX
PETITIONER'S EXHIBITS:

EXHIBIT P1           TRUE COPY OF THE JUDGMENT IN WPC
                     NO.12949/2009 DATED 10/11/2010.

EXHIBIT P2           TRUE COPY OF THE RECEIPT DATED 27/11/2010.

EXHIBIT P3           TRUE COPY OF THE NOTICE ISSUED BY THE
                     RESPONDENT DATED 16/12/2011.

EXHIBIT P4           TRUE COPY OF THE NOTICE ISSUED BY THE
                     RESPONDENT DATED 10/02/2012.

EXHIBIT P5           TRUE COPY OF THE NOTICE ISSUED BY THE
                     RESPONDENT DATED 24/02/2012.

EXHIBIT P6           TRUE COPY OF THE RECEIPT DATED 02/03/2012.

EXHIBIT P7           TRUE COPY OF THE JUDGMENT IN WPC
                     NO.9015/2012 DATED 11/04/2012.

EXHIBIT P8           TRUE COPY OF THE NOTICE ISSUED BY THE
                     RESPONDENT DATED 27/04/2012.