A.K.Sreekumar vs Kottayam Municipality
2022 Latest Caselaw 4309 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         THURSDAY, THE 7TH DAY OF APRIL 2022 / 17TH CHAITHRA, 1944
                         WP(C) NO. 13182 OF 2022
PETITIONER:

              A.K.SREEKUMAR
              AGED 44 YEARS
              S/O. KARUNAKARAN NAIR,
              CHIEF EDITOR OF THIRD EYE NEWS.
              KANDATHIL TOURIST HOME COMPLEX,
              SASTHRI ROAD, KOTTAYAM - 686001.

              BY ADV K.RAJESH KANNAN



RESPONDENTS:

     1        KOTTAYAM MUNICIPALITY
              REPRESENTED BY ITS SECRETARY, JOYEES ARCADE, YMCA ROAD,
              KOTTAYAM, PIN - 686001.

     2        THE SECRETARY
              KOTTAYAM MUNICIPALITY, JOYEES ARCADE, YMCA ROAD,
              KOTTAYAM, PIN - 686001.

              BY ADV

              SHRI.SIBY CHENAPPADY, SC, KOTTAYAM MUNICIPALITY

              SMT.VINITHA.B SR.GP



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 13182 OF 2022                         2




                                         JUDGMENT

This writ petition is filed seeking the following reliefs:-

(i) That a writ of mandamus or other writ, order or direction be passed directing the 2nd respondent to consider Exhibit-P3 representation and pass orders on the same within a time frame to be fixed by this Hon'ble Court;

(ii) That a writ of mandamus or other writ, order or direction be passed directing the respondents to open the Nagampadam Municipal Park to the public forthwith.

2. Heard the learned counsel for the petitioner and the learned

Standing counsel appearing for the respondents Municipality.

3. It is submitted by the learned counsel for the petitioner

that the petitioner is the father of two children and a resident of

the Municipality. The petitioner has preferred Ext.P3 representation

before the 2nd respondent requesting the opening of the

Nagampadam Municipal Park to the public.

Having heard the learned Standing counsel, I am of the

opinion that the representation is liable to be considered at the

earliest. There will be a direction to the 1 st respondent to take up

Ext.P3 representation submitted by the petitioner and to consider

and pass orders on the same, within a period of two weeks from

the date of receipt of a copy of this judgment. The 2 nd respondent

shall place the representation submitted by the petitioner before

the council of the Municipality for taking an appropriate decision

as directed above.

Sd/-

ANU SIVARAMAN JUDGE ska

APPENDIX OF WP(C) 13182/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE RECEIPT DATED 10.01.2022 FOR RS. 220/- COLLECTED AS ENTRY FEE ISSUED BY 'UNCLE JOHN I-DRIVE" PARK.

Exhibit P2 TRUE COPY OF THE RECEIPT DATED 10.01.2022 FOR RS.180/- COLLECTED FOR ICE - CREAM ISSUED BY 'UNCLE JOHN I- DRIVE' PARK.

Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 14.03.2022 SENT BY THE PETITIONER TO THE 2ND RESPONDENT.

Exhibit P4 TRUE COPY OF THE POSTAL RECEIPT DATED 14.03.2022 WITH RESPECT TO EXHIBIT P3.