The Palakkad Municipality vs Santhosh V
2024 Latest Caselaw 14513 Ker

Citation : 2024 Latest Caselaw 14513 Ker
Judgement Date : 31 May, 2024

Kerala High Court

The Palakkad Municipality vs Santhosh V on 31 May, 2024

Author: V.G.Arun

Bench: V.G.Arun

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
              THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI
                                    &
                    THE HONOURABLE MR.JUSTICE V.G.ARUN
           Friday, the 31st day of May 2024 / 10th Jyaishta, 1946
                             WA NO. 306 OF 2024

  AGAINST THE JUDGMENT DATED 25.07.2023 IN WP(C) 3835/2023 OF THIS COURT

APPELLANT(S)/RESPONDENTS 1 AND 2:

  1. THE PALAKKAD MUNICIPALITY, REPRESENTED BY ITS SECRETARY, MUNICIPAL
     OFFICE, PALAKKAD, PIN - 678001
  2. THE SECRETARY, PALAKKAD MUNICIPALITY, MUNICIPAL OFFICE, PALAKKAD,
     PIN - 678001

BY ADV.SRI.BINOY VASUDEVAN

RESPONDENT(S)/PETITIONER AND RESPONDENTS NO.3 AND 4:

  1. SANTHOSH V, S/O VELAYUDHAN, AGED 27 YEARS, OKKANAMKODE HOUSE,
     VEMBALUR P.O., ALATHUR, PALAKKAD DISTRICT, PIN - 678502
  2. THE MUNICIPAL COUNCIL, PALAKKAD MUNICIPALITY, MUNICIPAL
     OFFICE, PALAKKAD, REPRESENTED BY ITS CHAIRPERSON., PIN - 678001
  3. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF
     LOCAL SELF GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

BY ADV.SRI.JACOB SEBASTIAN FOR R1

SENIOR GOVERNMENT PLEADER FOR R3.


     Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay the operation of the judgment dated 25-07-2023 in W.P.(C)No.3835
of 2023, pending disposal of the Writ Appeal, in the interest of justice.


     This Writ Appeal coming on for orders on 31.05.2024, upon perusing
the Appeal Memorandum , the court on the same day passed the following:
 EXHIBIT P2: A TRUE COPY OF THE GOVERNMENT CIRCULAR

BEARING NO.2378/B1/1990 DATED 01.08.1990

EXHIBIT P3: A TRUE COPY OF THE GOVERNMENT CIRCULAR

BEARING NO.19217/C2/1991 DATED 10.05.1991
                          A.J. Desai, C.J.
                                 &
                          V.G. Arun, J.
                 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
                      W.A.No.306 of 2024
                 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
              Dated this the 31st day of May 2024

                               ORDER

A.J. Desai, C.J.

Admit. Adv. Jacob Sebastian takes notice for the 1 st

respondent. Issue notice to the 2nd respondent. Learned Senior

Government Pleader takes notice for the 3rd respondent.

2. As far as the interim relief is concerned, after having

heard the learned counsel appearing for the respective parties,

we pass the following order:

i. The appellant Municipality shall calculate the arrears and

issue a fresh demand notice to the 1 st respondent/writ

petitioner.

ii. The 1st respondent shall pay the said amount within a period

of three weeks thereafter.

iii. On payment of the said amount, the shop room shall be

restored to the possession of the 1st respondent.

The issue as to whether Exhibits P2 and P3 circulars are

applicable in the present case, shall be considered at the time of

final hearing.