IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 17TH JUNE 2010 / 27TH JYAISTHA 1932 WP(C).No. 18831 of 2010(D) -------------------------------- PETITIONER: -------------- ANNAKUTTY JOSE, KIZHAKKEYIL, PALA P.O., PALA, KOTTAYAM. BY MR.B.KRISHNA MANI, ADVOCATE. RESPONDENT: ---------------- THE SECRETARY, PALA MUNICIPALITY, MUNICIPAL OFFICE, PALA - 682 502. BY MR.V.M. KURIAN, ADVOCATE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.18831 OF 2010 --------------------------------------- Dated this the 17th day of June, 2010. J U D G M E N T The petitioner claims to be the owner of 65 cents of property in Survey No.842/3 which she obtained under a registered Will dated 11.06.2001 executed by her mother. The petitioner's mother expired on 28.01.2005. 2. The petitioner is aggrieved by the resolution taken by the Municipal Council to acquire a portion of the property, and copy of the said resolution is produced as Exhibit P3. According to the petitioner, what is recorded in the resolution does not reflect the correct state of facts. There was no negotiation with the mother of the petitioner and she was no longer alive as on the date of taking of the resolution. Various grounds have been taken in the writ petition to challenge the proposed acquisition. 3. It is revealed from Exhibit P5 that the Municipality has forwarded the records to the Revenue Divisional Officer, Pala for further action. If the real grievance of the petitioner is against W.P.(C) No.18831/2010 2 the resolution taken by the Municipal Council, the remedy available under the Kerala Municipalities Act is under Section 57 which confers power on the Government to cancel or amend a resolution or a decision taken by the Council even on receipt of a petition by a citizen. Heard the learned Standing Counsel for the Municipality also. In the light of the remedy available under the statute, I do not think this Court will be justified in entertaining the writ petition. Learned counsel for the petitioner submitted that the petitioner will move the Government within a period of three weeks. If such a petition/representation is filed by the petitioner, the Government will consider the same in accordance with law, after hearing all the parties. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp W.P.(C) No.18831/2010 3