IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE MONDAY, THE 28TH JANUARY 2008 / 8TH MAGHA 1929 WP(C).No. 2749 of 2008(B) ------------------------- PETITIONER: ------------ A.M.SAJI,S/O.MATHEW MUTHALALI,AGED 53 YEARS,ANANKOTTU PUTHEN BUNGALOW,MANGADU MURI ENADIMANGALAM VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.BECHU KURIAN THOMAS SRI.ROSHEN.D.ALEXANDER RESPONDENTS: ------------- 1. THE SECRETARY,ADOOR MUNICIPALITY MUNICIPALITY OFFICE,ADOOR. 2. ADOOR MUNICIPALITY MUNICIPALITY OFFICE,ADOOR. REPRESENTED BY ITS CHAIRPERSON. 3. C.P.PHILIP,CHITTUNDIYIL THEKKETHIL, KANNANKODE,ADOOR. BY ADV. SRI.JACOB P.ALEX (R3) SRI.VARGHESE P.THOMAS ( R1 & R2) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE, J. ---------------------------------- W.P.(C) NO. 2749 of 2008 ---------------------------------- Dated this the 28th day of January , 2008 JUDGMENT Heard both sides. 2. Sri.Jacob P.Alex, the learned counsel for the party respondent points out that Ext.P4 appeal has been filed by the petitioner out of time. Ext.P9 action was taken by the Municipality pursuant to Ext.P3 judgment and therefore it will not be proper to defer Ext.P9 action on the basis of pendency of an appeal which is obviously time barred. 3. Sri.Roshen D.Alexander, the learned counsel for the petitioner submits that the Council has already entertained Ext.P4 appeal and since the appeal is pending it is only appropriate that the Municipal Council be directed to dispose of the appeal in accordance with law and the Municipality be directed to keep in abeyance any coercive action pursuant to Ext.P9 till disposal of Ext.P4. 3. Having considered the rival submissions addressed at the bar, I am of the view that since Ext.P4 appeal has been entertained by the Municipal Council, the Municipal Council should dispose of the same at the earliest with notice to the petitioner and the 3rd respondent. WPC No.749/2008 2 4. Accordingly, without expressing any opinion on the merits of the various grounds raised, I dispose of this writ petition directing the Municipal Council to hear the petitioner and the 3rd respondent and to dispose of Ext.P4 appeal in accordance with law at its earliest and at any rate within one month of receiving a copy of this judgment. Till such time as Ext.P4 is disposed of, coercive action pursuant to Ext.P9 shall be kept in abeyance by the Municipality. PIUS C. KURIAKOSE, JUDGE. dpk