IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 34432 of 2006(Y)
1. NADHIRA BHANU, W/O. SHAMSUDHEEN,
... Petitioner
2. SHAMSUDHEEN,
Vs
1. STATE OF KERALA,
... Respondent
2. THIRUVALLA MUNICIPALITY,
3. C.M. VARGHESE, S/O.THOMAS MAMMEN,
For Petitioner :SRI.M.M.ALIAS
For Respondent :SRI.S.SUBHASH CHAND
The Hon'ble MR. Justice PIUS C.KURIAKOSE
Dated :09/01/2007
O R D E R
PIUS C.KURIAKOSE, J.
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W.P.(C)NO. 34432 of 2006
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Dated this 9th day of January, 2007
JUDGMENT
Heard Sri.Alias.M.M., the learned counsel for the
petitioner, Sri.S.Subhash Chand the learned standing counsel
for the 2nd respondent, Sri.Mathew G.Vadakkal, the learned
Government Pleader for the first respondent and
Sri.V.V.Nandagopal Nambiar, the learned counsel for the 3rd
respondent.
2. Sri.S.Subhash Chand, the learned counsel for the
Municipality submits that on 20.12.2006, the Municipal
Secretary has passed an order on the basis of a hearing which
was conducted earlier and relying on his impressions gathered
on the site inspection which was conducted on 3.1.2006. A
copy of the order dated 20.12.2006 is handed over to me by the
counsel and also to the learned counsel for the petitioner . As
rightly submitted by Sri.Subhash Chand, the order dated
20.12.2006 is an order appealable to the Tribunal for Local
WPC No.34432/2006 2
Self Government Institutions. Hence I relegate the petitioner to
remedy by way of appeal and dispose of this writ petition
without deciding the grounds raised. However, there will be a
direction to the Municipality not to interfere with the order
dated 20.12.2006 for a period of one month from today. The
Municipality will ensure that a copy of the order dated
20.12.2006 is communicated to the petitioner within two weeks
from today.
PIUS C.KURIAKOSE
Judge
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