Asif Puthusseri vs Manjeri Municipality on 9 April, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 12012 of 2008(E)


1. ASIF PUTHUSSERI, S/O.MUHAMMED PUTHUSSERY
                      ...  Petitioner

                        Vs



1. MANJERI MUNICIPALITY, REPRESENTED BY
                       ...       Respondent

2. THE DISTRICT COLLECTOR, MALAPPURAM

3. THE SECRETARY TO GOVERNMENT,

4. THE CHIEF TOWN PLANNER,

5. THE TOWN PLANNING,

                For Petitioner  :SRI.K.M.SATHYANATHA MENON

                For Respondent  : No Appearance

The Hon'ble MR. Justice PIUS C.KURIAKOSE

 Dated :09/04/2008

 O R D E R
                          PIUS.C.KURIAKOSE, J.
                      - - - - - - - - - - - - - - - - - - - - -
                         W.P.(c).No.12012 OF 2008
                  - - - - - - - - - - - - - - - - - - - - - - - - - -
                  Dated this the 9th day of April, 2008

                                JUDGMENT

Sri.M.P.Ashok Kumar, standing counsel takes notice on behalf of

the Municipality and points out that the impugned order – Ext.P1 was

issued by the Municipality as far back as on 18/10/2005. No

explanation has been offered in the writ petition for the gross delay

which has been occasioned in challenging Ext.P1. I find merit in the

submission that invocation of the discretionary jurisdiction under

Article 226 will not be justified and decline such exercise. However it

is made clear that this judgment will not stand in the way of the

petitioner approaching this court again under this jurisdiction on the

basis of any cause of action which arose subsequently regarding the

subject matter.

PIUS.C.KURIAKOSE
JUDGE

sv.