IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 18TH AUGUST 2009 / 27TH SRAVANA 1931 WA.No. 1378 of 2009 ------------------------------------ AGAINST THE JUDGEMENT IN WPC.13531/2009 DATED 4.6.2009 .................... APPELLANT/PETITIONER ------------------------------------ G.SANKARA PILLAI, S/O.GOVINDA PILLAI, AGED 57 YEARS, SANKARAMANGALATH HOUSE, KRISHNAPURAM, KAYAMKULAM. BY ADV. SRI.K.P.DANDAPANI (SR) SRI.MILLU DANDAPANI RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. THE SECRETARY, KAYAMKULAM MUNICIPALITY, KAYAMKULAM. 2. THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM. ADDL.3. VASUDEVAN PILLAI, AGED 69 YEARS, S/O.LATE ARAYANAN NAIR, RESIDING AT HINDU BHAVAN, PALACE WARD, KRISHNAPURAM P.O., KAYAMKULAM. (ADDL.3RD RESPONDENT IS IMPLEADED AS PER ORDER DATED 3.8.2009 IN IA NO.718/2009) R1 BY ADV. SRI.RAYA SHENOI,SC,KAYAMKULAM MUNICIPALITY R2 BY SR.GOVERMENT PLEADER SMT.K.MEERA SRI.V.PHILIP MATHEW FOR ADDL.R3 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 18/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 1378 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of August, 2009 JUDGMENT Basheer, J. After arguing the appeal for quite some time, learned counsel for the appellant seeks permission to withdraw the same with liberty to challenge Annexure R1(a) order passed by the Secretary of the Municipality before the Tribunal for Local Self Government Institutions. If the appellant chooses to file such an appeal before the Tribunal, he shall do so within four days from today, necessarily impleading the additional third respondent herein in the said appeal. The appeal shall be moved only after serving a copy of the appeal memorandum and interlocutory application, if any, on the additional third respondent. Interim orders shall be passed by the Tribunal only after hearing respondent No.3. 2. Annexure R1(a) shall be kept in abeyance for a period WA No. 1378 of 2009 -:2:- of four days from today. The appeal is dismissed as withdrawn in the above terms. S.R. Bannurmath, Chief Justice. A.K. Basheer, Judge. ttb