C.G.Gopalakrishnan Nair v. Kottayam Municipality

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI TUESDAY, THE 23RD DAY OF JUNE 2015/2ND ASHADHA, 1937 WP(C).No. 12655 of 2015 (F) ---------------------------- PETITIONER :

----------------------- C.G.GOPALAKRISHNAN NAIR, S/O. LATE K.N. GOPALA PILLAI, CHERUKUNNATHU HOUSE, MUTTAMBALAM POST AND VILLAGE, KOTTAYAM TALUK, PIN-686 004 BY SRI.K.GOPALAKRISHNA KURUP,SENIOR ADVOCATE ADV. SRI.ABHISHEK KURIAN RESPONDENT(S):

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1. KOTTAYAM MUNICIPALITY, REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE, KOTTAYAM -686 001

2. THE SECRETARY, KOTTAYAM MUNICIPALITY, MUNICIPAL OFFICE, KOTTAYAM -686 001

3. BINU I. KURIAN,ERAYIL HOUSE, MUTTAMBALAM POST, MUTTAMBALAM VILLAGE, KOTTAYAM TALUK, PIN-686 004

4. THE KOTTAYAM MUNICIPAL COUNCIL, REPRESENTED BY THE CHAIRMAN OF KOTTAYAM MUNICIPALITY, MUNICIPAL OFFICE, KOTTAYAM -686 001 R1 & R2 BY ADV. SRI.PHILIP J.VETTICKATTU R3 BY ADV. SRI.ABRAHAM GEORGE JACOB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 12655 of 2015 (F) ------------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1:

TRUE COPY OF THE ORDER DATED 14.12.2012 ISSUED BY THE 2ND RESPONDENT EXHIBIT P1(A): TRUE ENGLISH TRANSLATION OF EXT.P1 EXHIBIT P2:

TRUE COPY OF THE COMMON ORDER DATED 30.6.2014 IN REVISION PETITION NOS. 127/2012 AND 7/2013 OF THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSITUTTIONS EXHIBIT P3:

TRUE COPY OF THE ORDER DATED 27.3.2015 OF THE 2ND RESPONDENT EXHIBIT P3(A): TRUE ENGLISH TRANSLATION OF EXT.P3 EXHIBITP4:

TRUE COPY OF THE POSTAL INTIMATION RECEIVED BY THE PETITINER ON 30.3.2015 EXHIBIT P4(A): TRUE ENGLISH TRANSLATION OF EXT.P4 EXHIBIT P5:

TRUE COPY OF THE POSTAL COVER BY WHICH EXT.P3 WAS RECEIVED BY THE PETITIONER EXHIBIT P6:

TRUE COPY OF THE PETITION FILED BY THE PETITION BEFORE THE PUBLIC INFORMATION OFFICER, KOTTAYAM MUNICIPALITY DATED 4.4.2015 EXHIBIT P7:

TRUE COPY OF THE ACKNOWLEDGEMNT RECEIPT FORM THE 1ST RESPONDENT FOR EXT.P6 EXHIBIT P7(A): TRUE ENGLISH TRANSLATION OF EXT. P7 EXHIBIT P8:

TRUE COPY OF THE NOTICE DATED 16/4/2015 EXHIBIT P9:

TRUE COPY OF THE NOTICE DATED 16/4/2015 EXHIBIT P10: TRUE COPY OF THE SAID DECISION TAKEN ON APPEAL BY THE MUNICIPALITY EXHIBIT P11:

TRUE COPY OF THE REVISION NO.69/2015 FILED BY THE PETITIONER BEFORE THE TRIBUNAL FOR LOCAL SELF GOVERNMENT RESPONDENT(S)' EXHIBITS:

NIL ----------------------------------------- /TRUE COPY/ sts P.A.TO JUDGE

A.V.RAMAKRISHNA PILLAI, J.

= = = = = = = = = = = = = = = = = W.P(C) No.12655 of 2015 = = = = = = = = = = = = = = = = = = Dated this the 23rd day of June, 2015

JUDGMENT

The learned senior counsel appearing for the petitioner would submit that now a copy of the decision of the Municipal Council dated 13.3.2015 has been served on the petitioner on the basis of the interim order passed by this Court and the petitioner has filed revision petition before the Tribunal for Local Self Government, Thiruvananthapuram as R.P No.69 of 2015, and, therefore, no further orders are required in this writ petition. Recording the said submission, the writ petition is closed reserving the right of the petitioner to proceed with the revision petition now pending before the Tribunal.

Sd/- A.V.RAMAKRISHNA PILLAI JUDGE krj