Leela P vs The Municipal Council, Punalur ...
2022 Latest Caselaw 8048 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                   THE HONOURABLE MR.JUSTICE N.NAGARESH
         WEDNESDAY, THE 29TH DAY OF JUNE 2022 / 8TH ASHADHA, 1944
                         WP(C) NO. 21091 OF 2022
PETITIONER:

              LEELA P
              AGED 80 YEARS
              W/O. KAMALASANAN, KAMALALAYAM, BHARANIKKAVU, PUNALUR,
              KOLLAM DISTRICT- 691305.
              BY ADV K.T.THOMAS (KANNAMPALLIL)


RESPONDENTS:

     1        THE MUNICIPAL COUNCIL, PUNALUR MUNICIPALITY
              PUNALUR P.O., KOLLAM DISTRICT - 691307
              REPRESENTED BY CHAIRMAN.
     2        PUNALUR MUNICIPALITY,
              PUNALUR P.O., KOLLAM DISTRICT - 691307
              REPRESENTED BY ITS SECRETARY
     3        THE SECRETARY,
              PUNALUR MUNICIPALITY, PUNALUR P.O.,
              KOLLAM DISTRICT - 691307.

              BY ADV SHRI.MANOJ RAMASWAMY, SC, PUNALUR MUNICIPALITY


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 21091 of 2022

                                2




                             JUDGMENT

Dated this the 29th day of June, 2022

The petitioner, who has been assigned Shoproom No.RHB

GF 3 in the Nehru Memorial Rest House Building, Valakode,

Punalur Municipality, is before this Court seeking to set aside

Exts.P2 and P3 and to direct the 1st respondent-Municipal

Council to consider and pass orders on Ext.P4 statutory Appeal

submitted by the petitioner within a time frame as fixed by this

Court.

2. The petitioner has taken on rent a shoproom from

the 2nd respondent-Punalur Municipality. According to the

petitioner, due to old age and ilhealth, the petitioner was unable

to run the business and her son is running a bakery in the

shoproom. Now, the 3rd respondent-Secretary has issued

Ext.P3 order directing the petitioner to pay the arrears of rent

and to surrender the shoproom.

WP(C) NO. 21091 of 2022

3. Aggrieved by Ext.P3 order of the 3rd respondent, the

petitioner has filed Ext.P4 statutory Appeal before the Municipal

Council. The petitioner states that the petitioner has good and

sufficient grounds to get the order passed by the Secretary to

the Municipality set aside. Pending disposal of the Appeal, if

the petitioner is evicted from the building, the petitioner will be

put to untold hardship and loss.

4. Standing Counsel entered appearance on behalf of

respondents 1 to 3. It was submitted that against Ext.P3 order

passed by the Secretary to the Municipality, the petitioner has

preferred Ext.P4 Appeal petition. Ext.P4 Appeal petition being

of a statutory nature, it can be considered in accordance with

law, submits the Standing Counsel.

5. Heard the learned counsel for the petitioner and the

learned Standing Counsel representing the respondents.

6. In view of the fact that the petitioner, aggrieved by

Ext.P3 proceedings, has preferred Ext.P4 Appeal before the WP(C) NO. 21091 of 2022

Municipal Council invoking the provisions of the Kerala

Municipalities Act, it will be only just and proper that the 1 st

respondent decide the Appeal in accordance with law, within a

time frame.

In the circumstances, the writ petition is disposed of

directing the 1st respondent-Municipal Council to consider and

take appropriate decision on Ext.P4 in accordance with law,

within a period of three months. Till a decision is taken on

Ext.P4, coercive proceedings, if any, against the petitioner shall

be kept in abeyance.

Sd/-

N.NAGARESH JUDGE spk WP(C) NO. 21091 of 2022

APPENDIX OF WP(C) 21091/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LICENSE ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER Exhibit P2 TRUE COPY OF THE ORDER VIDE NO.H2-

9959/22 DATED 20.05.2022 ISSUED BY THE 3RD RESPONDENT Exhibit P3 TRUE COPY OF THE ORDER VIDE NO.H2-

9959/22 DATED 08.06.2022 PASSED BY THE 3RD RESPONDENT Exhibit P4 TRUE COPY OF THE APPEAL ALONG WITH THE STAY PETITION DATED 16.06.2022 PREFERRED BY THE PETITIONER BEFORE THE 1ST RESPONDENT Exhibit P5 TRUE COPY OF THE RECEIPT VIDE NO. 11716 DATED 17.06.2022 RESPONDENT'S/S EXHIBITS : NIL