IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 11TH FEBRUARY 2010 / 22ND MAGHA 1931 WP(C).No. 33262 of 2009(C) -------------------------------------- PETITIONERS: --------------------- 1. P.VISWANATHA MENON, MUNICIPAL COUNCILLOR , N. PARUR. 2. VALSALA PRASANNAKUMAR, MUNICIPAL COUNCILLOR , N. PARUR. 3. M.J. RAJU, MUNICIPAL COUNCILLOR , N. PARUR. 4. PRADEEP THOPPIL, MUNICIPAL COUNCILLOR, N. PARUR. 5. RAJ KUMAR, MUNICIPAL COUNCILLOR , N. PARUR. 6. N.K.SALIM, MUNICIPAL COUNCILLOR , N. PARUR. 7. K. SATHYAN, MUNICIPAL COUNCILLOR , N. PARUR. 8. BEENA SASIDHARAN, MUNICIPAL COUNCILLOR , N. PARUR. 9. LALY JOY, MUNICIPAL COUNCILLOR , N. PARUR. 10. RAJALAKSHMI MURALEEDHARAN, MUNICIPAL COUNCILLOR , N. PARUR. 11. SOMAN MADHAVAN, MUNICIPAL COUNCILLOR , N. PARUR. BY ADVS. MR.K.RAVEENDRAN, MR.C.CHANDRASEKHARAN. W.P.(C). NO.33262/2009-C: RESPONDENTS: ------------------------ 1. THE SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. THE OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM -33. 3. N.A. ALI, CHAIRMAN, PARAVUR, MUNICIPALTIY, N. PARAVUR, PIN -683 513. 4. C. VIJAYAMOHANAN, SECRETARY, PARAVUR MUNICIPALITY, N. PARAVUR. R1 & R2 BY GOVT. PLEADER MR. V. MANU, R3 BY ADVS. MR.S.RAMESH BABU, R4 BY ADVS.MR.T.A.SHAJI, MR.BANERJI P.R. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/02/2010, ALONG WITH W.P.(C). NO. 21054 OF 2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.33262/2009-C: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE PHOTOGRAPH OF THE OPPOSITION MEMBERS PRESENT AT THE MEETING. EXT.P.2: COPY OF THE NOTICE ISSUED BY THE CHAIRMAN OF THE MUNICIPALITY DTD. 16/09/2009. EXT.P.3: COPY OF THE AGENDA OF THE MEETING. EXT.P.4: COPY OF THE PROCEEDINGS OF THE MUNICIPAL COUNCIL DTD. 16/09/2009. EXT.P.5: COPY OF THE REPRESENTATION TO THE DIRECTOR OF MUNICIPALITIES, THIRUVANANTHAPURAM, SECRETARY TO LOCAL BODIES DEPARTMENT, THIRUVANANTHAPURAM, DISTRICT COLLECTOR, ERNAKULAM, R.J.D., ERNAKULAM SUBMITTED BY OPPOSITION MEMBERS PRESENT AT THE MEETING DTD. 16/09/2009. EXT.P.6: COPY OF THE ACKNOWLEDGEMENT CARDS EVIDENCING THE RECEIPT OF EXHIBIT P.5. REPRESENTATION. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.33262 OF 2009 (C) -------------------------------------------------- Dated this the 11th day of February, 2010 J U D G M E N T Prayer sought for in this writ petition is a direction for disposal of Ext.P5 representation made by the petitioners before the first respondent, invoking its powers under Section 57 of the Municipalities Act. In Ext.P5 petitioners states that, for the reasons mentioned therein, Ext.P2 resolution passed in the meeting of the Municipal Council on 17.9.2009 is liable to be cancelled. 2. If as stated by the petitioner, Ext.P5 has been received by the Government, it being a statutory application made under Section 57 of the Act, Government is bound to consider the said representation. Therefore, I dispose of this writ petition directing the first respondent to consider and pass orders on Ext.P5, in the manner as provided in Section 57 of the Act, with notice to the parties concerned, as expeditiously as possible and at any rate within 3 months from the date of production of a copy of this judgment. (ANTONY DOMINIC) JUDGE vi/ WPC.No. /09 :2 :