Gopalan vs The Ramanattukara Municipality
2023 Latest Caselaw 5727 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
        THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
    TUESDAY, THE 16TH DAY OF MAY 2023 / 26TH VAISAKHA, 1945
                       WP(C) NO. 15928 OF 2023
PETITIONER:

          GOPALAN,
          AGED 67 YEARS
          S/O CHARU NAIR, AGED67 YEARS, SURABHI,
          VELLIMUKKU, CHELARI P O, MALAPPURAM, PIN - 676317
          BY ADV RAHUL VENUGOPAL


RESPONDENTS:

    1     THE RAMANATTUKARA MUNICIPALITY,
          PARAMMAL ROAD, RAMANATTUKARA, KOZHIKODE, KERALA,
          REPRESENTED BY ITS SECRETARY, PIN - 673632
    2     THE MUNICIPAL COUNCIL,
          RAMANATTUKARA MUNICIPALITY, PARAMMAL ROAD,
          RAMANATTUKARA, KOZHIKODE, KERALA, PIN - 673632
    3     THE MUNICIPAL CHAIRPERSON,
          RAMANATTUKARA MUNICIPALITY, PARAMMAL ROAD,
          RAMANATTUKARA, KOZHIKODE, KERALA, PIN - 673632
    4     THE STATION HOUSE OFFICER,
          FEROKE POLICE STATION, KOZHIKODE CITY, PIN - 673632
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15928 OF 2023                2

                                 JUDGMENT

The petitioner asserts the non consideration of Ext.P3 Appeal before the

2nd respondent - Municipal Council. During the pendancy of this Appeal the

respondents have issued Stop Memo to the petitioner and taking coercive steps

to implement the same.

2. Heard the learned Government Pleader as well as the learned Standing

Counsel.

3. Considering the facts and circumstances of this case there shall be a

direction to the 2nd respondent to consider and pass orders on Ext.P3 within a

period of one month with notice to the petitioner and also affording an

opportunity of hearing; until such time Exts.P1, P2 and P5 shall be kept in

abeyance.

This writ petition is thus disposed of.

Sd/-

SHOBA ANNAMMA EAPEN JUDGE MC

APPENDIX OF WP(C) 15928/2023

PETITIONER EXHIBITS Exhibit-P1 A TRUE COPY OF THE STOP MEMO DATED 28/04/23 ISSUED BY THE 1ST RESPONDENT Exhibit-P2 A TRUE COPY OF THE STOP MEMO DATED 28/04/23 ISSUED BY THE 1ST RESPONDENT Exhibit-P3 A TRUE COPY OF THE APPEAL UNDER SECTION 509(1) FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 13-5-2023 Exhibit-P4 A TRUE COPY OF THE APPLICATION FOR STAY FILED BY THE PETITIONER BEFORE THE 3RDRESPONDENT DATED 13-5-2023 Exhibit-P5 A TRUE COPY OF THE NOTICE DATED 13/05/2023 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER