Mohandas vs The Corporation Of … on 14 February, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 31495 of 2006(Y)


1. MOHANDAS, KAILAS NAGAR,
                      ...  Petitioner

                        Vs



1. THE CORPORATION OF THIRUVANANTHAPURAM,
                       ...       Respondent

2. G.NAGAPPAN NAIR, SECRETARY,

3. THE OMBUDSMAN FOR LOCAL SELF

                For Petitioner  :SRI.R.GOPAN

                For Respondent  :SRI.RAM MOHAN.G.

The Hon'ble MR. Justice PIUS C.KURIAKOSE

 Dated :14/02/2007

 O R D E R
                              PIUS C. KURIAKOSE, J.

                   ..........................................................

                             W.P.(C) No.31495 OF 2006

                   ...........................................................

                    DATED THIS THE 14TH FEBRUARY, 2007


                                    J U D G M E N T

Mr.R.Gopan, counsel for the petitioner made a very fervent

appeal for quashing Ext.P3 order under which the Ombudsman for

Local Self-Government Institutions has directed the Corporation of

Thiruvananthapuram to take action against the petitioner. Mr.Gopan

would place before me the certificate dated 5.12.2006 issued by the

Corporation which is to the effect that the controversial wall

constructed by the petitioner has not been surrendered to the

Corporation.

2. Whatever that be, it is fairly clear that before Ext.P3 order

was passed by the Ombudsman, the Corporation had taken action by

issuing a provisional order to the petitioner in respect of the wall in

question. To the show-cause notice which was issued by the

Corporation, the petitioner has submitted reply, and hearing notice is

already issued by the Corporation to all parties. The Corporation will

conduct a hearing on the basis of the notice already issued and take a

correct decision. It is needless to mention that the Corporation will

take due note of its own certificate dated 5.12.2006 issued to the

petitioner before taking a decision, apart from taking note of all other

WP(C)N0.31495 of 2006

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relevant materials. Decision will be taken by the Corporation at their

earliest and at any rate within one month of hearing the matter. Once

decision is taken, copies of the order will be communicated to all the

parties including the petitioner.

The Writ Petition is disposed of as above.

(PIUS C. KURIAKOSE, JUDGE)

tgl

WP(C)N0.31495 of 2006

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