Ajith P vs Sulthan Bathery Municipality
2021 Latest Caselaw 23460 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
  THURSDAY, THE 25TH DAY OF NOVEMBER 2021 / 4TH AGRAHAYANA, 1943
                        WP(C) NO. 26569 OF 2021
PETITIONERS:

    1     AJITH P.
          AGED 28 YEARS
          S/O.RADHAKRISHNA, ARCHANA HOUSE, KARAKKANDI, KUPPADY
          P.O, SULTAN BATHERY, PIN-673 592

    2     SHAMSUDHEEN,
          S/O. SAIDALI MUSLIAR, MANNARTHODY HOUSE, MUTHUNGA P.O.,
          SULTAN BATHERY-673 592

          BY ADVS.
          GEORGE ABRAHAM
          JOBY D JOSEPH



RESPONDENTS:

    1     SULTHAN BATHERY MUNICIPALITY
          REPRESENTED BY ITS SECRETARY, SULTAN BATHERY P.O.,
          WAYNAD DISTRICT-673 592

    2     SECRETARY
          SULTAN BATHERY MUNICIPALITY, SULTAN BATHERY P.O.,
          WAYNAD DISTRICT-673 592

    3     MUNICIPAL COUNCIL,
          SULTHANBATHERY, REPRESENTED BY ITS CHAIRMAN, SULTAN
          BATHERY P.O., WAYNAD DISTRICT-673 592

    4     V.M. CHACKO,
          S/O. MATHAI, VELLAMATTATHIL HOUSE, NOOLPUZHA P.O.
          KUPPADY (VIA), SULTHAN BATHERY-673 592, WAYNAD DISTRICT



          SRI APPU.P.S-GP


    THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 26569 OF 2021

                                          2


                                     JUDGMENT

This writ petition was filed challenging Ext.P11 notice and seeking

directions to the respondent Municipality to consider and pass orders on

Ext.P12 appeal.

2. It is submitted by the learned Standing Counsel for the

Municipality that the appeal has been dismissed on 19.11.2021 and that a

copy of the order will be served on the petitioners immediately.

In the above view of the matter, it is for the petitioners to take up

the order passed by the Municipality before the Tribunal for Local Self

Government Institutions. To enable the petitioners to obtain a copy of the

order and to approach the Tribunal, the impugned action shall be kept in

abeyance for a period of two weeks from today.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C) NO. 26569 OF 2021

APPENDIX OF WP(C) 26569/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE AGREEMENT DATED 15.12.1982

Exhibit P1A TRUE COPY OF THE LICENSE ISSUED BY THE MUNICIPAL CORPORATION DATED 4.3.2021

Exhibit P2 TRUE COPY OF THE JUDGMENT IN RCP NO.33/2015 DATED 15.7.2017 ISSUED BY THE RENT CONTROL (MUNSIFF MAGISTRATE) SULATHANBATHERY

Exhibit P3 TRUE COPY OF THE DECREE PASSED BY THE RENT CONTROL COURT IN RCP NO.33/20156 DATED 14.7.2017 ISSUED BY THE RENT CONTROL (MUNSIFF MAGISTRATE) SULATHANBATHERY

Exhibit P3A TRUE COPY OF THE EXECUTION PETITION EP NO.42/2019 FOR THE RECOVERY OF POSSESSION OF THE BUILDING DATED 27.6.2019

Exhibit P4 TRUE COPY OF THE REPORT OF THE AMEEN DATED 28.11.2019

Exhibit P5 TRUE COPY OF THE CLAIM PETITION VIZ.EA NO.132/19 IN WP NO.42/19 DATED 9/12/2019

Exhibit P6 TRUE COPY OF THE AFFIDAVIT FILED BY THE 4TH RESPONDENT DATED 29.11.2019

Exhibit P7 TRUE COPY OF THE NOTICE DATED 25.6.2021 ISSUED BY THE 2ND RESPONDENT

Exhibit P8 TRUE COPY OF THE COMMUNICATION DATED 7.7.2021 ISSUED BY THE SECRETARY

Exhibit P9 TRUE COPY OF NOTICE ISSUED BY THE 2ND RESPONDENT TO THE SECOND PETITIONER DATED 3.4.2021

Exhibit P10 TRUE COPY OF THE APPLICATION SUBMITTED BY THE 1ST PETITIONER DARED 21.4.2021

Exhibit P11 TRUE COPY OF THE ORDER PASSED UNDER SECTION WP(C) NO. 26569 OF 2021

447 DATED 14.9.2021

Exhibit P12 TRUE COPY OF THE APPEAL FILED BY THE 2ND RESPONDENT DATED 29.9.2021