Kerala High Court
Chalakudy Municipality vs Thrissur Jilla Motor Transport ... on 19 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
Friday, the 19th day of November 2021 / 28th Karthika, 1943
WA NO. 1518 OF 2021
AGAINST THE JUDGMENT DATED 29/9/2021 IN WP(C) 24992/2020 OF THIS COURT.
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APPELLANT/RESPONDENT 1 IN WP(C):
CHALAKUDY MUNICIPALITY,MUNICIPAL BUILDING,
RAILWAY STATION ROAD, CHALAKUDY,
PIN-680 307,REPRESENTED BY ITS SECRETARY.
BY STANDING COUNSEL SRI.SHEEJO CHACKO
RESPONDENTS/PETITIONER & 2ND RESPONDENT IN WRIT PETITION:
1.THRISSUR JILLA MOTOR TRANSPORT OPERATORS ASSOCIATION,
REG.NO.TSR/TC/167/2019,PEE JAY COMPLEX,
NEAR SOUTH PRIVATE BUS STAND,
NIRMALA COLLEGE ROAD,SOUTH CHALAKUDY-680 308,
REPRESENTED BY ITS PRESIDENT P.J.HOSHY, (REGISTRATION NUMBER
CORRECTED
AS PER ORDER DATED 9.8.2021
IN IA 1/2021 IN WP(C) NO.24992/2020).
2.THE EXECUTIVE ENGINEER,KERALA STATE ELECTRICITY BOARD,
CHALAKUDY,RAILWAY STATION ROAD,CHALAKUDY-680 307.
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay the operation and implementation of all further proceedings
pursuant to the judgment dated 29/09/2021 in WP(C)24992/2020 pending
disposal of this Writ Appeal.
This Writ Appeal coming on for admission on 19/11/2021 upon perusing
the appeal memorandum, the court on the same day passed the following:
P.T.O.
S.Manikumar, C.J.
&
Shaji P.Chaly, J.
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W.A.No.1518 of 2021
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Dated this the 19th day of November, 2021
ORDER
S.Manikumar, C.J.
Before the writ court the petitioner, Thrissur Jilla Motor
Transport Operators Association, has sought for the following
reliefs:
"i) to issue a writ of mandamus or any other appropriate writ,
direction or order directing the 1st respondent to re open
the building room no. 2, by renewing the license allotted to
the petitioners association, forthwith or within a
reasonable time limit to be fixed by this Honourable Court,
in the interest of justice;
ii) to issue a writ of mandamus or any other appropriate writ,
direction or order directing the 2nd respondent, to re
connect electricity connection allotted to the petitioner
association (consumer number 1156516027296),
urgently."
2. Though the Chalakkudy Municipality, represented by its
Secretary (respondent No.1 therein), objected to the prayers
W.A.No.1518 of 2021
sought for, considering the material on record and the
submissions advanced by the parties, writ court, vide judgment
in W.P.(C)No.24992 of 2020 dated 29.09.2021, ordered thus:
"13. In the circumstance, the writ petition is disposed
of with the following directions:
(i) The 1st respondent-Municipality shall intimate to the
petitioner, the arrears of licence fee due from the
petitioner as on date along with interest, after adjusting
the payments if any received as per Ext.P5 within a
period of three weeks.
(ii) If the petitioner makes the payment within a further
period of two weeks from the date of intimation by the
Municipality, the respondents 1 and 2 shall permit the
petitioner to occupy and utilise the room without further
delay.
(iii) The Municipal Authorities will be at liberty to proceed
against the petitioner-Association for violation of any
permit/licence conditions or for subletting the room, in
accordance with law."
3. Being aggrieved by the abovesaid directions, instant
writ appeal is filed.
W.A.No.1518 of 2021
4. We have heard the learned counsel appearing for both
parties. Prima facie, we are of the view that the issues raised in
this writ appeal require to be adjudicated.
5. Accordingly, writ appeal is admitted.
6. There shall be a stay of the impugned judgment.
Post the writ appeal after two weeks.
Sd/-
S.Manikumar
Chief Justice
Sd/-
Shaji P.Chaly
Judge
vpv
19-11-2021 /True Copy/ Assistant Registrar
