L.Mohanan vs City Corporation Of Trivandrum on 15 March, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 26386 of 2004(N)


1. L.MOHANAN,
                      ...  Petitioner

                        Vs



1. CITY CORPORATION OF TRIVANDRUM,
                       ...       Respondent

                For Petitioner  :SRI.R.S.KALKURA

                For Respondent  : No Appearance

The Hon'ble MR. Justice PIUS C.KURIAKOSE

 Dated :15/03/2007

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

                     ----------------------------------

                     W.P.(C)NO. 26386  of    2004

                     ----------------------------------

                Dated this  15th day of   March, 2007


                                  JUDGMENT

Even though the submission of Sri.R.S.Kalkura that

relegating the petitioner after the writ petition was under

consideration for about three years to statutory remedy, cannot

be said totally without force, I am of the view that since the

Tribunal has been constituted subsequent to the filing of the

writ petition and the Tribunal will be able to take decision even

on contentious factual issues, I relegate the petitioner to remedy

by way of revision before the Tribunal and dispose of the writ

petition accordingly.

2. If the Tribunal receives revision petition from the

petitioner under Section 509(8) of the Municipalities Act within

one month of the petitioner receiving a copy of this judgment,

the Tribunal will entertain the revision petition as one filed on

time and dispose of the same in accordance with law. The

WPC No.26383/2004 2

interim order passed on 9.9.2004 is made absolute and it is

made clear that the payment already made by the petitioner will

be subject to the outcome of the prospective revision petition to

be filed by the petitioner before the Tribunal.

PIUS C.KURIAKOSE

Judge

dpk