IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 14TH AUGUST 2008 / 23RD SRAVANA 1930 WP(C).No. 24730 of 2008(R) -------------------------- PETITIONER: ------------ VARGHESE VARGHESE AGED 53 YEARS, S/O.VARGHESE,MANJOORAN HOUSE PULICKALKAVALA, VAZHOOR, CHANGANANSSERY ,KOTTAYAM BY ADV. SRI.M.J.THOMAS RESPONDENTS: ------------- 1. THE KOTTAYAM MUNICIPALITY KOTTAYAM REPRESENTED BY ITS SECRETARY 2. THE SECRETARY KOTTAYAM MUNICIPALITY, KOTTAYAM R1 BY SC ADV. SRI.SIBY MATHEW SRI.PHILIP J.VETTICKATTU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------------- W.P.(C) 24730 of 2008 -------------------------------------------------------- Dated: AUGUST 14, 2008 JUDGMENT The allegation of the petitioner is that a utility room attached to the building in his possession is attempted to be locked up by the Municipality without even giving him a notice or an opportunity to make his representation in the matter. Petitioner submits that when an attempt was made to get him evicted and lock up the utility room, he had approached the Municipality by filing Ext.P6 and requested that any such steps be only with notice to him. In this writ petition all that is prayed for is that Ext.P6 may be considered and orders passed thereon before any such coercive action referred to above is taken by the Municipality. 2. I heard the standing counsel for the Municipality who confirmed the receipt of Ext.P6. 3. Taking into account the submissions made above, WP(C) 24730/08 2 this writ petition is disposed of directing that before any coercive action as referred to above is taken by the Municipality, the Municipality shall take up, consider and pass orders on Ext.P6 with notice to the petitioner and after affording him an opportunity of being heard. Petitioner shall produce a copy of this judgment before the respondent for compliance. ANTONY DOMINIC JUDGE mt/-