IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 3RD APRIL 2009 / 13TH CHAITHRA 1931 WP(C).No. 8453 of 2009(B) ------------------------- PETITIONER(S): --------------- N.A.RAJU, S/O.ANTHAPPAN, NEDUMPARAMBIL HOUSE, PUNKUNNAM P.O., THRISSUR DISTRICT. BY ADV. SRI.M.SREEKUMAR RESPONDENT(S): --------------- 1. CORPORATION OF THRISSUR, REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE, THRISSUR. 2. SECRETARY, CORPORATION OF THRISSUR, CORPORATION OFFICE, THRISSUR. 3. THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM, REPRESENTED BY ITS REGISTRAR. 4. STATE OF KERALA, REPRESENTED BY THE SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. ADV. SRI.K.B.MOHANDAS,SC,THRISSUR CORPORATIO FOR R1-2 SRI.LELLULAL T.G.THUNDATHIL FOR R1-2 GOVT. PLEADER SMT. K.R. DEEPA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 8453 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 3rd April, 2009. J U D G M E N T The petitioner challenges Ext. P7 order passed by the Tribunal for Local Self Government Institutions in an appeal filed by the petitioner setting aside the order challenged in the appeal primarily on the ground that while passing that order, the procedure prescribed under the Act has not been complied with and directing the Secretary to initiate proper proceedings as indicated in the judgment under Section 406 of the Kerala Municipality Act without any unnecessary delay if there are reasons for doing so. The petitioner, on the basis of the decision in Muni Suvrat-Swami Jain S.M.P. Sangh v. Arun Nathuram Gaikwad and others, (2006) 8 SCC 590, contends that the Tribunal cannot, after setting aside an order, direct the Secretary to mandatorily do the same and it should be left to the discretion of the Secretary . I am of opinion that that exactly has been done in Ext.P 7. The relevant sentence in the order reads thus: “ . . . . . The Secretary is directed to initiate fresh proper proceedings , as indicated in paragraph 8 above, under Section 406 of the Kerala Municipality Act, without any unnecessary delay, if there are any reasons for doing so.” (underlining supplied) In the same, the Secretary is bound to take action, only if there are reasons for doing so. If the Secretary decides to initiate action, the petitioner can very well contest the same on all grounds available to him. W.P.C. No. 8453/2009 -: 2 :- In the above circumstances, I do not find any merit in the writ petition and accordingly, the same is dismissed. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.