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/-