High Court Kerala High Court

Varghese Varghese vs The Kottayam Municipality on 14 August, 2008

Kerala High Court
Varghese Varghese vs The Kottayam Municipality on 14 August, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 24730 of 2008(R)


1. VARGHESE VARGHESE
                      ...  Petitioner

                        Vs



1. THE KOTTAYAM MUNICIPALITY
                       ...       Respondent

2. THE SECRETARY

                For Petitioner  :SRI.M.J.THOMAS

                For Respondent  :SRI.SIBY MATHEW

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :14/08/2008

 O R D E R
                      ANTONY DOMINIC, J.

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                     W.P.(C) 24730 of 2008

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                   Dated: AUGUST 14, 2008

                              JUDGMENT

The allegation of the petitioner is that a utility room

attached to the building in his possession is attempted to be

locked up by the Municipality without even giving him a

notice or an opportunity to make his representation in the

matter. Petitioner submits that when an attempt was made

to get him evicted and lock up the utility room, he had

approached the Municipality by filing Ext.P6 and requested

that any such steps be only with notice to him. In this writ

petition all that is prayed for is that Ext.P6 may be

considered and orders passed thereon before any such

coercive action referred to above is taken by the

Municipality.

2. I heard the standing counsel for the Municipality

who confirmed the receipt of Ext.P6.

3. Taking into account the submissions made above,

WP(C) 24730/08
2

this writ petition is disposed of directing that before any

coercive action as referred to above is taken by the

Municipality, the Municipality shall take up, consider and

pass orders on Ext.P6 with notice to the petitioner and after

affording him an opportunity of being heard.

Petitioner shall produce a copy of this judgment

before the respondent for compliance.

ANTONY DOMINIC
JUDGE

mt/-