IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 WP(C).No. 21164 of 2006(T) ------------------------------------- PETITIONER(S): --------------------- P.T. JOHN, PORATHUR HOUSE, ADATTU P.O., THRISSUR. BY ADV. SRI.BABU PAUL RESPONDENT(S): ------------------------- 1. STATE OF KERALA REPRESENTED BY ITS SECRETARY, MINISTRY FOR LOCAL ADMINISTRATION, TRIVANDRUM. 2. THE SECRETARY, CORPORATION OF COCHIN, BOAT JETTY, ERNAKULAM. GOVERNMENT PLEADER SRI.MOHAMMED ANZAR FOR R1 ADV. SRI.S.RAMESHBABU,SC FOR COCHIN CORPN. FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 21164/2006-T APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE AGREEMENT DATED 06/04/2004. EXT.P2: COPY OF THE REPRESENTATION DATED 06/04/2004. EXT.P3: COPY OF THE ORDER DATED 30/03/2005. EXT.P4: COPY OF THE NOTICE DATED 18/02/2006. EXT.P5: COPY OF THE REPRESENTATION DATED 27/02/2006. EXT.P6: COPY OF THE NOTICE DATED 15/07/2006. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE Rs/ KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.21164 of 2006 ---------------------------------------------- Dated 29th October, 2008. J U D G M E N T The issue pertains to the steps taken by the second respondent Corporation in the matter of collection of cart stand fee for the financial year 2004-05. According to the petitioner, in view of the mediation conducted by the Mayor of the Corporation, the petitioner is not liable to pay the fee for 54 days. Though Ext.P5 representation was submitted in this regard, it is submitted that no action has been taken in the matter. However, it is seen from Ext.P6 that the matter was considered by the finance committee. Apparently no reason is stated as to why Ext.P5 is not taken into consideration and no notice either was given to the petitioner. Accordingly, the writ petition is disposed of with a direction to the second respondent to consider Ext.P5 in accordance with law with notice to the petitioner and pass appropriate orders thereon, ignoring the decision, if any taken by the finance committee without notice to the petitioner. The needful shall be done within three months from the date of production of a copy of the judgment. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.21164 of 2006 ---------------------------------------------- J U D G M E N T Dated 29th October, 2008.