Sri M.J .Joseph vs Maradu Municipality
2024 Latest Caselaw 27852 Ker

Kerala High Court

Sri M.J .Joseph vs Maradu Municipality on 13 September, 2024

                                                     2024:KER:70186
               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

   FRIDAY, THE 13TH DAY OF SEPTEMBER 2024 / 22ND BHADRA, 1946

                       WP(C) NO. 34191 OF 2023

PETITIONER:

          SRI M.J .JOSEPH,
          AGED 68 YEARS
          S/O JOHN, RESIDING AT MUKKUNGAL HOUSE, MARADU DESOM,
          MARADU P.O, ERNAKULAM DISTRICT, PIN - 682304.


          BY ADV T.N.MANOJ


RESPONDENTS:

    1     MARADU MUNICIPALITY ,
          MARADU VILLAGE AND DESOM ERNAKULAM DISTRICT
          REPRESENTED BY ITS SECRETARY, PIN - 682304.

    2     THE SECRETARY,
          MARADU MUNICIPALITY MARADU VILLAGE AND DESOM
          ERNAKULAM DISTRICT, PIN - 682304.


          SHRI.T.R.RAJAN SC,MARADU MUNICIPALITY


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                            2024:KER:70186
WP(C) NO. 34191 OF 2023                2

                                JUDGMENT

This writ petition challenges Ext.P4 notice issued by the

Municipality.

2. A memo has been submitted on behalf of the Municipality

producing a notice dated 21.6.2024 intimating the petitioner that the

said notice is recalled to proceed with their claim before the execution

court which is in tandem with the contention raised by the petitioner

in the writ petition for impugning Ext P4. This is recorded.

3. In view of the above, nothing further remains to be

decided in this writ petition. All contentions of the writ petitioner are

left open to be urged at the appropriate stage in appropriate

proceedings.

Subject to the above, the writ petition is closed.

Sd/-

MOHAMMED NIAS C.P. JUDGE Sru 2024:KER:70186

APPENDIX OF WP(C) 34191/2023

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE COMMON JUDGEMENT DT 29/2/2020, IN OS 1573/ 2016 OF THE MUNSIFF COURT AT ERNAKULAM.

Exhibit .P2 TRUE COPY OF THE PETITION EA 503/2023 IN E.P.285/2020 IN O.S.1573/2016 DATED 7/7/2023 ALONG THE AFFIDAVIT FILED BY THE RESPONDENT BEFORE THE COURT OF THE MUNSIFF AT ERNAKULAM.

Exhibit .P3 TRUE COPY THE NOTICE R2/3395/11 DATED 5/9/ 2023 TO THE PETITIONER BY THE RESPONDENT.

Exhibit.P4 TRUE COPY THE NOTICE NO.R2-3395/11 DATED 30/9/23 TO THE PETITIONER BY THE RESPONDENT. RESPONDENT.