Athitha Kumar vs State Of Kerala Represented By Its on 3 August, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 21813 of 2009(V)


1. ATHITHA KUMAR, W/O.LATE T.K.KUMAR,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA REPRESENTED BY ITS
                       ...       Respondent

2. THE SECRETARY, KOTTAYAM

                For Petitioner  :SRI.R.REGHUNANDANA MENON

                For Respondent  :SRI.SIBY MATHEW

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :03/08/2009

 O R D E R
           THOTTATHIL B.RADHAKRISHNAN, J.
                  -------------------------------------------
                  W.P(C).No.21813 OF 2009
                  -------------------------------------------
             Dated this the 3rd day of August, 2009


                              JUDGMENT

The petitioner faces Ext.P5, whereby, a demand has been

made for arrears of amounts due for occupation of a commercial

premises. I am not inclined to merely direct disposal of a

representation when the petitioner has effective statutory

remedy and is also duty bound to pay the amounts due to the

municipality. Such funds, essentially, are utilised by the

municipality to give effect to larger public interest matters. The

personal situation of the petitioner referable to her marriage,

death of the husband, health etc, do not generate any over-

whelming situation to override the public interest which the

municipality has to preserve. I do not find any ground for the

writ court to interfere in exercise of discretionary jurisdiction.

The writ petition fails. The same is accordingly dismissed

without prejudice to what is stated above.

Sd/-

THOTTATHIL B.RADHAKRISHNAN,
Judge.

kkb.3/8.