IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE MONDAY, THE 21ST JANUARY 2008 / 1ST MAGHA 1929 WP(C).No. 1202 of 2008(R) ------------------------- PETITIONER: ------------ SREEKUMAR M.A, AGED 34, S/O MALIEKAL ARAVINDAKSHAN, NADAVARAMBU DESOM, IRINJALAKUDA, THRISSUR DISTRICT. BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENTS: ------------- 1. THE IRINJALAKUDA MUNICIPALITY, REP. BY ITS SECRETARY, IRINJALAKUDA P.O., THRISSUR DISTRICT. 2. THE IRINJALAKUDA MUNICIPAL COUNCIL, REP. BY ITS CHAIRMAN, IRINJALAKUDA MUNICIPALITY, IRINJALAKUDA P.O., THRISSUR DISTRICT. 3. THE STATE OF KERALA, REP. BY THE SECRETARY TO THE GOVT., LOCAL SELF GOVT. DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. BY ADV. SRI.K.K.CHANDRAN PILLAI SRI.SAJI SANKARAN NAIR BY SRI.K.J.MUHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.1202/2008 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF OF THE FIRST ORDER BY THE FIRST RESPONDENT DATED 15.11.2006. EXT.P2: COPY OF THE RECEIPT DATED 4.4.2007 ISSUED TO THE PETITIONER. EXT.P3: COPY OF THE RECEIPT ISSUED TO THE PETITIONER DATED 10.7.2007 EXT.P4: COPY OF THE NOTICE ISSUED TO THE PETITIONER DATED 7.11.2007. EXT.P5: COPY OF THE REPLY GIVEN BY THE PETITIONER DATED 24.11.2007. EXT.P6: COPY OF THE NOTICE ISSUED TO THE PETITIONER DATED 27.11.2007. EXT.P7: COPY OF THE COMMUNICATION OF THE PETITIONER TO THE SECOND RESPONDENT DATED 29.11.2007. EXT.P8: COPY OF THE REPRESENTATION OF THE PETITIONER DATED 12.12.2007. /TRUE COPY/. P.A. TO JUDGE PIUS C. KURIAKOSE, J. ---------------------------------- W.P.(C) NO. 1202 of 2008 ---------------------------------- Dated this the 21st day of January , 2008 JUDGMENT Sri.K.K.Chandran Pillai, the learned Standing Counsel for the Municipality, on the basis of the instructions received from the Municipality submits that Exts.P4 and P6 have already taken effect and the Municipality itself is directly collecting fees during the current year. He also submitted that notification for auctioning the right to collect the fees right from the first February 2008 onwards has already been published. 2. Under the above circumstances, I am of the view that Exts.P7 and P8 can survive at the most to the extent of considering the petitioner's claim against the initiation of revenue recovery proceedings for recovery of the balance amount which was payable by the petitioner till 31.12.2007. I dispose of the writ petition directing the Municipality to consider that claim and any other surviving claims of the petitioner with notice to the petitioner and after hearing him. Decision on Exts.P7 and P8, in the light of what is stated above, shall WPC No.1202/2008 2 be taken at the earliest and at any rate within two months of receiving a copy of this judgment. PIUS C. KURIAKOSE, JUDGE. dpk