IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 15TH JULY 2010 / 24TH ASHADHA 1932 WP(C).No. 20560 of 2010(T) -------------------------------- PETITIONER: -------------- T.H.ABDUL RUSSAK, SIGNPOST MEDIA, 33/605 DEVELOPMENT PLOT No.1OO SOUTH KALAMASSERY. BY MR.ASP.KURUP, ADVOCATE. MR.SADCHITH.P.KURUP, ADVOCATE. RESPONDENTS: ------------------ 1. THIRUVALLA MUNICIPALITY REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE, THIRUVALLA. 2. THE SECRETARY, THIRUVALLA MUNICIPALITY, MUNICIPAL OFFICE, THIRUVALLA. BY MR. S. SUBASH CHAND, SC FOR R1 & R2. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.20560/2010 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF AGREEMENT DTD. 7.10.05 EXECUTED BY PETITIONER & THIRUVALLA MUNICIPALITY. EXT. P2 : COPY OF AGREEMENT DTD. 31.1.07 EXECUTED BY PETITIONER & KALAMASSERY MUNICIPALITY. EXT. P3 : COPY OF AGREEMENT DTD. 27.2.07 EXECUTED BY PETITIONER & ANGAMALI MUNICIPALITY. EXT. P4 : COPY OF NOTICE DTD. 21.2.07 ISSUED BY R2 TO THE PETITIONER. EXT. P5 : COPY OF NOTICE DTD. 28.4.07 ISSUED BY R2 TO THE PETITIONER. EXT. P6 : COPY OF NOTICE DTD. 30.6.09 ISSUED BY R2 TO THE PETITIONER. EXT. P7 : COPY OF REPLY DTD. 15.7.09 GIVEN BY THE PETITIONER TO R2. EXT. P8 : COPY OF FINAL NOTICE DTD. 24.5.10 ISSUED BY R2 TO THE PETITIONER. EXT. P9 : COPY OF REPRESENTATION DTD. 31.5.10 GIVEN BY PETITIONER TO R2. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.20560 OF 2010 --------------------------------------- Dated this the 15th day of July, 2010. J U D G M E N T The petitioner is aggrieved by Exhibit P8 notice issued by the Secretary of the Municipality whereby it is informed to the petitioner that unless the petitioner complies the conditions of the agreement or carries out the maintenance and repair works of the sodium vapour lamps within the Municipality, the contract between them will be cancelled. 2. The petitioner has entered into certain agreements with the Municipality as per Exhibits P2 and P3. According to the petitioner, the liability and the obligation as per the agreements do not extend to undertake the repair works of the sodium vapour lamps within the Municipality. 3. Learned Standing Counsel for the Municipality submitted that the tender conditions provide such an obligation on the part of the petitioner. It is pointed out that against Exhibit P8, the petitioner has already filed a reply as per Exhibit P9. It is also W.P.(C) No.20560/2010 2 submitted that if the petitioner is aggrieved by Exhibit P8, he can approach the Municipal Council by filing an appeal. 4. Learned counsel for the petitioner submitted that the Secretary of the Municipality may be directed to consider Exhibit P9 explanation after hearing the petitioner. Therefore, there will be a direction to the 2nd respondent to consider the explanation Exhibit P9 after hearing the petitioner and pass appropriate orders within a period of one month. Till then, further action pursuant to Exhibit P8 will be kept in abeyance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp