IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 2ND AUGUST 2011 / 11TH SRAVANA 1933 WP(C).No. 21041 of 2011(E) -------------------------- PETITIONER(S): ------------------- 1. JOHNY VILANGADAN, AGED 57, S/O.LATE THOMAS VILANGADAN, VILANGATTIL HOUSE, POLAKULAM ROAD, NADAMA, TRIPUNITHURA. 2. JACOB VILANGADAN, AGED 64, S/O.LATE THOMAS VILANGADAN, VILANGATTIL HOUSE, POLAKULAM ROAD, NADAMA, TRIPUNITHURA. BY ADVS. SRI.VARGHESE C.KURIAKOSE SRI.ADEEP ANWAR RESPONDENT(S): --------------------- 1. STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, TRIVANDRUM - 695 001. 2. THE TRIPUNITHURA MUNICIPALITY, MUNICIPAL OFFICE, LAYAM ROAD, TRIPUNITHURA - 683 035, REPRESENTED BY ITS SECRETARY. 3. THE MUNICIPAL COUNCIL, TRIPUNITHURA MUNICIPALITY, MUNICIPAL OFFICE, LAYAM ROAD, TRIPUNITHURA- 683 035 REPRESENTED BY HON'BLE CHAIRMAN. 4. THE SECRETARY, TRIPUNITHURA MUNICIPALITY MUNICIPAL OFFICE, LAYAM ROAD, TRIUPUNITHURA- 683 035. 5. SMT.SAVITHRI NARASIMHAN, MADHAVA NIVAS, TRIPUNITHURA- 683 035. 6. SMT.JAYANTHI SREENIVASAN, MADHAVA NIVAS, TRIPUNITHURA- 683 035. R1 BY GOVT. PLEADER SRI.MUHAMMED SHAFI M. R2 TO R4 BY ADV. SRI.V.M.KURIAN, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 21041/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE PRELIMINARY NOTICE CUM ORDER WAS SERVED ON THE PETITIONERS ON 23/06/2011. P2: COPY OF THE OBJECTION. P3: COPY OF THE FINAL ORDER DTD. 26/07/2011 SERVED ON 28/07/11. P4: COPY OF THE APPEAL SUBMITTED BY THE PETITIONERS TO THE 3RD RESPONDENT. P5: COPY OF THE STAY PETITION SUBMITTED BY THE PETITIONERS TO THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO. 21041 OF 2011 ------------------------------- DATED THIS THE 2ND DAY OF AUGUST, 2011 JUDGMENT When the matter is taken up for admission today, it is submitted at the bar that Ext.P3 order passed by the Secretary of the Municipality (4th respondent) is appealable under Section 509 (1) of the Kerala Municipality Act. The petitioner wrongly filed the appeal before the Municipal Council. In these circumstances, the petitioner is at liberty to prefer an appeal before the proper forum within a period of two weeks from today. Petitioner is also at liberty to move the appellate forum an application for stay of all further proceedings pursuant to Ext.P3. In order to prefer an appeal before the Tribunal for Local Self Government Institutions, all further proceedings pursuant to Ext.P3 are stayed for a period of one month. The petitioner may approach the 3rd respondent for return of the appeal memorandum and the supporting documents produced. Writ Petition is disposed of as above. HARUN-UL-RASHID, Judge. kcv.