← Library
High Court of KeralaWP(C)/13343/2015disposed of

K.G.Daniel v. The Pathanamthitta Municipality

2015-04-28Honourable Mr.Justice K.Vinod Chandran3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN TUESDAY, THE 28TH DAY OF APRIL 2015/8TH VAISAKHA, 1937 WP(C).No. 13343 of 2015 (P) ---------------------------- PETITIONER :

--------------------- K.G. DANIEL S/O. GEEVARGHESE KUNNITHOTTATHIL HOUSE PATHANAMTHITTA P.O., PATHANAMTHITTA.

BY ADV. SRI.AJEESH K.SASI RESPONDENT(S) :

---------------------------- 1.

THE PATHANAMTHITTA MUNICIPALITY PATHANAMTHITTA REPRESENTED BY ITS SECRETARY - 689 001.

2.

THE SECRETARY PATHANAMTHITTA MUNICIPALITY PATHANAMTHITTA - 689 001.

3.

THE MUNICIPAL COUNCIL PATHANAMTHITTA MUNICIPALITY REPRESENTED BY ITS CHAIRMAN-689 001.

4.

MATHEW K. VARGHESE KUNNITHOTTATHIL HOUSE PATHANAMTHITTA P.O., PATHANAMTHITTA - 689 001.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 13343 of 2015 (P) APPENDIX PETITIONER'S EXHIBITS :

EXT.P1 : COPY OF THE NOTICE DATED 12.2.2015 ISSUED BY THE 2ND RESPONDENT.

EXT.P2 COPY OF THE APPEAL PREFERRED BY THE PETITIONER DATED 22.2.2015.

EXT.P3 COPY OF THE ACKNOWLEDGMENT RECEIPT ISSUED BY THE MUNICIPALITY.

RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.S. TO JUDGE Mn

K.Vinod Chandran, J.

-------------------------------------- W.P.(C).No.13343 of 2015-P --------------------------------------- Dated this the 28th day of April, 2015

JUDGMENT

The petitioner is aggrieved by the notice issued by the respondent-Municipality, evidenced at Exhibit P1. Aggrieved by the said notice, the petitioner filed Exhibit P2 appeal before the Municipal Council, the 3rd respondent, accompanied by Exhibit P3 application for stay. The grievance of the petitioner is that the Municipality is taking hectic steps to cut and remove the coconut tree, the subject matter in issue.

2. In the facts and circumstances of the case, Exhibit P1 notice would stand stayed till Exhibit P3 stay application is disposed of by the 3rd respondent, which shall be done within a period of one month from today, after which the matter shall be governed by such interim order passed in appeal.

The writ petition is disposed of as above.

Sd/- K.Vinod Chandran Judge vku/- [ true copy ]