James.V.G vs The Secretary
2024 Latest Caselaw 30805 Ker

Kerala High Court

James.V.G vs The Secretary on 30 October, 2024

O.P(C) No.335 of 2024                         1


                                                           2024:KER:80989

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

                 THE HONOURABLE MR.JUSTICE VIJU ABRAHAM

WEDNESDAY, THE 30TH DAY OF OCTOBER 2024 / 8TH KARTHIKA, 1946

                            OP(C) NO. 335 OF 2024

          APPEAL NO NO.134 OF 2022 OF TRIBUNAL FOR LOCAL SELF

GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM


PETITIONER/RESPONDENTS NO.2:

                JAMES.V.G.,AGED 49 YEARS
                S/O GABRIEL, VELLAPARAMBIL,RCC ROAD, VYTTILA,
                ERNAKULAM, PIN - 682019


                BY ADV M.VANAJA


RESPONDENTS/RESPONDENT NO.1 & APPELLANTS:

     1          THE SECRETARY
                MARADUMUNCIPALITY, MARADU,ERNAKULAM, PIN - 682304

     2          NELSON JOSEPH, AGED 57 YEARS
                S/O N.V.JOSEPH,NEDUMPARAMBILHOUSE NIRAVATHROAD,
                MARADU, PIN - 682304

     3          NOBY THOMAS, AGED 64 YEARS
                S/O N.V.THOMAS,NEDUMPARAMBIL HOUSE NIRAVATHROAD,
                MARADU, PIN - 682304


                BY ADVS.
                RAJAN T R
                MOHAMED AYUB N.M



         THIS     OP     (CIVIL)   HAVING     BEEN   FINALLY    HEARD   ON
30.10.2024,        THE    COURT    ON   THE   SAME   DAY   DELIVERED    THE
FOLLOWING:
 O.P(C) No.335 of 2024                                   2


                                                                             2024:KER:80989




                                 VIJU ABRAHAM, J.
                 .................................................................
                               O.P(C) No.335 of 2024
                 .................................................................
                  Dated this the 30th day of October, 2024


                                       JUDGMENT

The petitioner has approached this Court seeking

expeditious disposal of Appeal No.134 of 2022 pending before the

Tribunal for Local Self Government Institutions, Thiruvananthapuram.

2. A report was called for from the Tribunal concerned wherein

it is reported that the case is now posted for written statement and

production of file of 1st respondent Maradu Municipality. Learned

counsel for the petitioner submits that the petitioner has already filed

the written statement which is produced as Ext.P5.

3. Learned counsel appearing for the 1st respondent

Municipality assured the court that the written statement will be filed

within a period of one month from today.

Taking into consideration the urgent need for early disposal

projected by the petitioner, there will be a direction to the Tribunal for

Local Self Government Institutions, Thiruvananthapuram to consider

Appeal No.134 of 2022, after affording opportunity to both sides to

adduce evidence, if required and dispose of the same in accordance

2024:KER:80989

with law, preferably within an outer limit of six months from

01.12.2024.

Original petition is disposed of as above.

Sd/-

VIJU ABRAHAM JUDGE

cks

2024:KER:80989

APPENDIX OF OP(C) 335/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE STOP MEMO DATED 8.4.2021 ISSUED BY THE 1ST RESPONDENT

Exhibit P2 THE TRUE COPY OF THE APPEAL 134/22 BEFORE THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS TRIVANDRUM

Exhibit P3 THE TRUE COPY OF THE STAY ORDER DATED 7/3/22 ISSUED BY THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS TRIVANDRUM

Exhibit P4 TRUE COPY OF THE STAY PETITION IN I.A.NO.304/22 BEFORE THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS TRIVANDRUM

Exhibit P5 TRUE COPY OF THE WRITTEN STATEMENT BEFORE THE HON`BLE TRIBUNAL DATED 19/11/2022