IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 5TH MARCH 2009 / 14TH PHALGUNA 1930 WP(C).No. 5821 of 2009(W) ------------------------- PETITIONER(S): --------------- Y.KAISUDEEN, S/O.MUHAMMED YUSUFF, AGED 45, RAMEE MANZIL, VARKALA P.O., THIRUVANANTHAPURAM DISTRICT REPRESENTED BY HIS POWER OF ATTORNEY HOLDER SMT.SHAMLA BEEVI, W/O.KAISUDEEN, BY ADV. SRI.JAMES ABRAHAM SRI.GEORGE MECHERIL RESPONDENT(S): --------------- 1. THE VARKALA MUNICIPALITY, VARKALA, REPRESENTED BY ITS SECRETARY. 2. THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM. REP. BY ITS SECRETARY. GOVERNMENT PLEADER SMT.K.R.DEEPA SHRI.J.S.AJITH KUMAR, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No. 5821 of 2009 ================== Dated this the 5th day of March, 2009 J U D G M E N T After arguing for some time, the learned counsel for the petitioner seeks permission to withdraw this writ petition without prejudice to the right of the petitioner to file an appeal before the Municipal Council as observed by the Tribunal. But the petitioner expresses an apprehension that in view of the delay the Council would not entertain the appeal. After hearing, while dismissing the writ petition as withdrawn without prejudice to the right of the petitioner to file an appeal before the Municipal Council, I direct the Municipal Council to entertain such appeal without reference to the delay, in so far as the petitioner had been bona fide prosecuting the appeal before the Tribunal, which was filed in time. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge