Kunjumon vs State of Kerala

Type Court Judgment Court Kerala Decided Apr 25, 2023

~3 min read

https://sooperkanoon.com/case/1357043

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1357043
Court: Kerala High Court
Judge: Honourable Mr.Justice Mohammed Nias C.P.
Decided On: Apr 25, 2023
Case Number: WP(C)/14339/2023

Parties & Advocates

Appellant / Petitioner

Kunjumon

Respondent

State of Kerala

Excerpt

.....ext.p3. ii) direct the 2nd respondent to keep the implementation of decision no. 9 in ext.p3 in abeyance till the disposal of ext. p4 appeal. iii) direct the 1 st respondent to take a decision in ext.p4 appeal in a time bound manner after affording an opportunity of hearing to the petitioners taking note of ext. p2 and rule 13 of the kerala municipality (procedure for meeting of council) rules, 1995. iv) issue such other orders which this hon'ble court deem fit and proper in the interest of justice. v) dispense with the english translation of vernacular documents.2. heard the learned counsel for the petitioners and the learned standing counsel appearing for the 2 nd respondent municipality.3. in view of the limited relief sought for in the writpetition, this writ petition is disposed of with a direction to the 2 nd respondent to take up exhibt p4 appeal made by the petitioners and to pass orders on the same with notice to all concerned within a period of three months from the date of receipt of a copy of this judgment. the request, if any, made by the petitioners for any interim relief shall also be duly considered by the respondent. sd/- mohammed nias. c.p., judge raj/25.04.2023. appendix of wp(c) 14339/2023 petitioner exhibits exhibitp1 true copy of the resolution dated 27-8- 2020 the 2nd respondent council exhibitp2 true copy of the decision dated 2-11- 2020 of the 2nd respondent council exhibitp3 true copy of the minutes dated 25-3-2023 of the 2nd respondent council exhibitp4 true copy of the appeal dated 10-4-2023 submitted by the petitioner exhibitp5 true copy of the petitioner for staysubmitted along with appeal dated 10-4exhibitp6 true copy of the postal receipt evidencing the above submission of appeal dated 10-4-2023 exhibitp7 true copy of the letter no. r4-24323/18 dated 28-3-2023 issued by the 2nd respondent

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. TUESDAY, THE 25TH DAY OF APRIL 2023 / 5TH VAISAKHA, 1945 WP(C) NO. 14339 OF 2023 PETITIONER: KUNJUMON S/O UMMERKUTTY, AJMAL MANZIL, KANNANKARA, PADEETTATHIL, PERINGALA.P.O., KAYAMKULAM, ALAPPUZHA, PIN - 690559 BY ADVS. A.RAJASIMHAN VYKHARI.K.U RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT INSTITUTIONS, SECRETARIAT, STATUE.P.O., THIRUVANANTHAPURAM, PIN - 695001 2 KAYAMKULAM MUNICIPALITY REPRESENTED BY ITS SECRETARY, KAYAMKULAM.P.O., ALAPPUZHA, PIN - 690502 3 MOHAMMED ISMAIL S/O HYDROSKUNJU, PUTHENVEETTIL, CHIRAKKADAVAM, KAYAMKULAM.P.O., ALAPPUZHA, PIN - 690502 BY ADV RAJAN T R THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MOHAMMED NIAS. C.P.,J ------------------------ - - - - - - - - - - - - - - - - - - - - - - -- Dated this the 25th day of April, 2023

JUDGMENT

This writ petition is filed seeking the following reliefs: “i) Issue a writ of certiorari quashing decision No. 9 in Ext.P3. ii) Direct the 2nd respondent to keep the implementation of decision No. 9 in Ext.P3 in abeyance till the disposal of Ext. P4 appeal. iii) Direct the 1 st respondent to take a decision in Ext.P4 appeal in a time bound manner after affording an opportunity of hearing to the petitioners taking note of Ext. P2 and Rule 13 of the Kerala Municipality (Procedure for Meeting of Council) Rules, 1995. iv) Issue such other orders which this Hon'ble Court deem fit and proper in the interest of justice. v) Dispense with the English translation of vernacular documents.

2. Heard the learned counsel for the petitioners and the learned Standing Counsel appearing for the 2 nd respondent Municipality.

3. In view of the limited relief sought for in the writ

petition, this writ petition is disposed of with a direction to the 2 nd respondent to take up Exhibt P4 appeal made by the petitioners and to pass orders on the same with notice to all concerned within a period of three months from the date of receipt of a copy of this judgment. The request, if any, made by the petitioners for any interim relief shall also be duly considered by the respondent. Sd/- MOHAMMED NIAS. C.P., JUDGE Raj/25.04.2023. APPENDIX OF WP(C) 14339/2023 PETITIONER EXHIBITS ExhibitP1 TRUE COPY OF THE RESOLUTION DATED 27-8- 2020 THE 2ND RESPONDENT COUNCIL ExhibitP2 TRUE COPY OF THE DECISION DATED 2-11- 2020 OF THE 2ND RESPONDENT COUNCIL ExhibitP3 TRUE COPY OF THE MINUTES DATED 25-3-2023 OF THE 2ND RESPONDENT COUNCIL ExhibitP4 TRUE COPY OF THE APPEAL DATED 10-4-2023 SUBMITTED BY THE PETITIONER ExhibitP5 TRUE COPY OF THE PETITIONER FOR STAY

SUBMITTED ALONG WITH APPEAL DATED 10-4ExhibitP6 TRUE COPY OF THE POSTAL RECEIPT EVIDENCING THE ABOVE SUBMISSION OF APPEAL DATED 10-4-2023 ExhibitP7 TRUE COPY OF THE LETTER NO. R4-24323/18 DATED 28-3-2023 ISSUED BY THE 2ND RESPONDENT

Same Court & Year Kerala · 2023 Same Parties Kunjumon vs State of Kerala Same Judge Honourable Mr.Justice Mohammed Nias C.P.