Subramanian K.R vs Palakkad Municipality
2023 Latest Caselaw 7499 Ker

WP(C) NO. 22171 OF 2023            1



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
       FRIDAY, THE 7TH DAY OF JULY 2023 / 16TH ASHADHA, 1945
                          WP(C) NO. 22171 OF 2023
PETITIONER/S:

               SUBRAMANIAN K.R
               AGED 27 YEARS
               RESIDING AT RAGASUDHA, FLAT NO. 3D, CEE'S SREE
               GANESH APARTMENT PADA THERUVU , NURANI VILLAGE,
               PALAKKAD, PIN - 678004

               BY ADVS.
               T.R.VISHNU
               A.MOHAMMED SAVAD



RESPONDENT/S:

      1        PALAKKAD MUNICIPALITY
               REPERESENTED BY ITS SECRETARY, SANTHINAGAR,
               KUNNATHURMEDU, PALAKKAD, PIN - 678001

      2        ANIMAL WELFARE BOARD OF INDIA
               (MINISTRY OF FISHERIES,ANIMAL HUSBANDRY AND DIARY,
               GOVERNMENT OF INDIA). REPRESENTED BY ITS CHAIRMAN ,
               NATIONAL INSTITUTE OF ANIMAL WELFARE CAMPUS P.O.42KM
               STONE , DELHI-AGRA HIGHWAY, NH-2,SEEKRI VILLAGE,
               BALLAHBGARH,FARIDABAD , HARIYANA, PIN - 121004

      3        DISTRICT ANIMAL HUSBANDRY OFFICE PALAKKAD
               V H ROAD, PALAKKAD, PIN - 678001

      4        PALAKKAD MUNICIPALITY
               REPRESENTED BY ITS SECRETARY SANTHI NAGAR,
               KUNNATHURMEDU , PALAKKAD, PIN - 678001

      5        CEE'S SREE GANESH APARTMENT ASSOCIATION
               REPRESENTED BY ITS PRESIDENT SIVARAMAKRISHNAN PADA
 WP(C) NO. 22171 OF 2023                 2


               THERUVU , NURANI VILLAGE, PALAKKAD, PIN - 678004

      6        AISHWARYA P.L
               RESIDING AT FLAT NO. 2C CEE'S SREE GANESH APARTMENT
               PADA THERUVU , NURANI VILLAGE, PALAKKAD, PIN -
               678004

      7        DEEPA
               RESIDING AT FLAT NO. 2B CEE'S SREE GANESH APARTMENT
               PADA THERUVU , NURANI VILLAGE, PALAKKAD, PIN -
               678004

      8        KAVITHA VISHWESWARAN
               RESIDING AT FLAT NO. 2A CEE'S SREE GANESH APARTMENT
               PADA THERUVU , NURANI VILLAGE, PALAKKAD, PIN -
               678004

      9        VIJAYALEKSHMI
               RESIDING AT FLAT NO. GA CEE'S SREE GANESH APARTMENT
               PADA THERUVU , NURANI VILLAGE, PALAKKAD, PIN -
               678004

      10       PUSHPA RAMESH
               RESIDING AT FLAT NO. 3C CEE'S SREE GANESH APARTMENT
               PADA THERUVU , NURANI VILLAGE, PALAKKAD, PIN -
               678004

               BY ADV Jaishankar V.Nair



OTHER PRESENT:

               SRI.BINOY VASUDEVAN, SC, SMT.VIDYA KURIAKOSE, GP,
               SRI.JAISHANKAR.V.NAIR, CGS FOR R2




       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    07.07.2023,         THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 22171 OF 2023               3




                         P.V.KUNHIKRISHNAN, J
                     ---------------------------------------
                      W.P.(C.) No. 22171 of 2023
                      --------------------------------------
                   Dated this the 7th day of July, 2023



                                 JUDGMENT

The above writ petition is filed with following prayers :

(i) "issue a writ of mandamus or any other appropriate writ, direction or order, directing the 4th respondent to consider and pass order on exhibit P4 as expeditiously as possible, and at any rate within a reasonable time period to be fixed by this Hon'ble Court;

(ii) Grant such reliefs which this Hon'ble Court may deem necessary to meet the ends of justice;

(iii) Pass orders dispensing the filing of translation for vernacular documents

(iv) Allow the writ petition with costs."[SIC]

2. When this writ petition came up for consideration,

the learned counsel for the petitioner submitted that the

petitioner will be satisfied if a direction is issued to the 4 th

respondent to consider Ext.P4 within a time frame with notice

to the petitioner.

3. Heard the learned counsel for the petitioner, the

learned Government Pleader, the learned Central Government

Counsel appearing for the 2nd respondent and the learned

Standing Counsel appearing for the 4 th respondent. No notice

is necessary to respondents 6 to 10 at this stage and if they are

aggrieved by any of the directions issued by this Court, they

are free to file a review petition before this Court.

4. Since the limited prayer of the petitioner is only for a

consideration of Ext.P4 by respondent No.4, I think that prayer

can be allowed on condition that the 4th respondent will

consider the same with notice to the petitioner and respondent

Nos. 6 to 10. While deciding the matter, the 4th respondent will

also consider the applicability of Ext.P3.

Therefore, this writ petition is disposed of with the

following directions :

1) The 4th respondent is directed to consider and pass

appropriate orders in Ext.P4 after giving an opportunity of

hearing to the petitioner and respondent Nos. 6 to 10 as

expeditiously as possible, at any rate, within one month

from the date of receipt of a certified copy of this

judgment.

2) While deciding the matter, the 4th respondent will also

consider the applicability of Ext.P3 judgment.

3) The petitioner will produce a certified copy of this

judgment along with a copy of this writ petition with

exhibits before the 4th respondent for compliance.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 22171/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE LICENSE ISSUED BY THE PALAKKAD MUNICIPALITY

Exhibit P2 TRUE COPY OF THE VACCINATION RECORD OF THE DOG

Exhibit P3 TRUE COPY OF THE JUDGEMENT IN WP (C)NO.

13603/2021 DATED.2.11.2021

Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 30.06.2023 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT