IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 36063 of 2004(R)
1. K.V.PAULOSE, PRESIDENT, DISTRICT MOTOR
... Petitioner
Vs
1. THE MUNICIPAL COUNCIL CHALAKUDY
... Respondent
For Petitioner :SRI.S.R.DAYANANDA PRABHU
For Respondent :SRI.P.SANTHALINGAM
The Hon'ble MR. Justice PIUS C.KURIAKOSE
Dated :05/12/2007
O R D E R
PIUS C. KURIAKOSE, J.
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W.P.(C) No. 36063 OF 2004
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Dated this the 5th day of December, 2007
JUDGMENT
Having considered the rival submissions addressed by Mr.S.R. D.
Prabhu, counsel for the petitioner, Sri.P.Santhalingam, Standing
Counsel for the Municipality, the various grounds raised in the writ
petition, the documents placed on record and the file maintained by
Municipality which was made available for my perusal by
Mr.Santhalingam, I am of the view that the Municipality can be directed
to take a fresh decision in the matter, in compliance with the directions
in Ext.P6 judgment. Accordingly, Ext.P8 is quashed and the
Municipality is directed to take a fresh decision in the matter as directed
in Ext.P6. Before taking fresh decision, the Municipality will issue notice
to the functionaries of both the groups of the Thrissur District Motor
Transport Operators Association who claim possession over the room in
question and hear them both. On the basis of such a hearing, the
Municipality will pass order and pursuant to that order, the needful be
done so as to ensure that only one of the groups possess the building.
It is needless to mention that notice shall be issued for hearing to
Mr.P.J. Joshy, who claims to be the present President of the group
which has filed the writ petition.
PIUS C. KURIAKOSE, JUDGE
btt
WPC 2