K.Jacob Kurian v. Thiruvananthapuram Corporation

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE 7TH DAY OF OCTOBER 2015/15TH ASWINA, 1937 WP(C).No. 30455 of 2015 (F) ---------------------------- PETITIONER(S):

----------------- K.JACOB KURIAN, AGED 77 YEARS S/O.K.K.JACOB, T.C.11/1229, YMR THIRUVANANTHAPURAM.

BY ADVS.SRI.BLAZE K.JOSE ADV.SRI.T.L.SREERAM SRI.M.RAJESH SMT.RESHMA G.MENON RESPONDENT(S):

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

THIRUVANANTHAPURAM CORPORATION THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY THIRUVANANTHAPURAM - 695 001.

2.

THE HEALTH OFFICER GR.I, THIRUVANANTHAPURAM CORPORATION THIRUVANANTHAPURAM - 695 001.

3.

THE HEALTH INSPECTOR, NANTHANCODE CIRCLE THIRUVANANTHAPURAM CORPORATION THIRUVANANTHAPURAM - 695 001.

4.

THE HEALTH OFFICER GRADE I THIRUVANANTHAPURAM CORPORATION THIRUVANANTHAPURAM - 695 001.

5.

ALTHAF, S/O.SAINULABDEEN TC 11/1228, YMR, NANTHENCODE KOWDIAR, THIRUVANANTHAPURAM - 695 001.

R BY SRI.P.K.MANOJKUMAR,SC,TVPM CORPORATION THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

APPENDIX IN W.P.(C) No.30455 OF 2015 PETITIONER(S) EXHIBITS EXHIBIT P1 :

A TRUE COPY OF THE ORDER OF THE SECRETARY THIRUVANANTHAPURAM DATED 15.9.2009 EXHIBIT P2 :

A TRUE COPY OF THE ORDER OF THE COUNCIL, THIRUVANANTHAPURAM CORPORATION IN H10/58424/2007 DATED 6.8.2010 EXHIBIT P3 :

A TRUE COPY OF THE STOP MEMO DATED 14.5.2015 OF THE VILLAGE OFFICER, KOWDIAR.

EXHIBIT P4 :

A TRUE COPY OF NOTICE OF THE THIRD RESPONDENT DATED 4.6.2015 EXHIBIT P5 :

A TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER TO THE NOTICE OF THE THIRD RESPONDENT DATED 4.6.2015. EXHIBIT P6 :

TRUE COPY OF THE NOTICE/ORDER OF THE FIFTH RESPONDENT DATED 8.9.2015 EXHIBIT P7 :

TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 3.10.2015 FILED BY THE PETITIONER TO THE CORPORATION COUNCIL, THIRUVANANTHAPURAM.

RESPONDENT(S) EXHIBITS NIL.

//TRUE COPY// P.S. TO JUDGE.

V.CHITAMBARESH, J.

--------------------- W.P (C) No.30455 of 2015 --------------------- Dated this the 7th day of October, 2015

J U D G M E N T

Ext.P6 notice is under challenge in Ext.P7 appeal with the Corporation Council. It is only fair that the enforcement of Ext.P6 notice is put on hold pending appeal.

2. I direct the first respondent to consider Ext.P7 appeal within a period of six months. Ext.P6 notice shall not be enforced till orders are passed on Ext.P7 appeal as directed above.

The Writ Petition is disposed of.

Sd/- V.CHITAMBARESH, Judge.

nj/07.10.15