IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE WEDNESDAY, THE 5TH DECEMBER 2007 / 14TH AGRAHAYANA 1929 WP(C).No. 36063 of 2004(R) -------------------------- PETITIONER: ------------- K.V.PAULOSE, PRESIDENT, DISTRICT MOTOR TRANSPORT OPERATORS ASSOCIATION, UNIT CHALAKKUDY. BY ADV. SRI.S.R.DAYANANDA PRABHU SRI.K.S.RAJESH RESPONDENT: --------------- THE MUNICIPAL COUNCIL CHALAKUDY MUNICIPALITY, CHALAKKUDY, REP. BY ITS SECRETARY. BY ADV. SRI.P.SANTHALINGAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/12/2007,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE, J. ------------------------------- W.P.(C) No. 36063 OF 2004 ----------------------------------- Dated this the 5th day of December, 2007 JUDGMENT Having considered the rival submissions addressed by Mr.S.R. D. Prabhu, counsel for the petitioner, Sri.P.Santhalingam, Standing Counsel for the Municipality, the various grounds raised in the writ petition, the documents placed on record and the file maintained by Municipality which was made available for my perusal by Mr.Santhalingam, I am of the view that the Municipality can be directed to take a fresh decision in the matter, in compliance with the directions in Ext.P6 judgment. Accordingly, Ext.P8 is quashed and the Municipality is directed to take a fresh decision in the matter as directed in Ext.P6. Before taking fresh decision, the Municipality will issue notice to the functionaries of both the groups of the Thrissur District Motor Transport Operators Association who claim possession over the room in question and hear them both. On the basis of such a hearing, the Municipality will pass order and pursuant to that order, the needful be done so as to ensure that only one of the groups possess the building. It is needless to mention that notice shall be issued for hearing to Mr.P.J. Joshy, who claims to be the present President of the group which has filed the writ petition. PIUS C. KURIAKOSE, JUDGE btt WPC 2