IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 5TH MAY 2009 / 15TH VAISAKHA 1931 WP(C).No. 13194 of 2009(T) -------------------------- PETITIONER: --------------- T.SUBAIR, PROPRIETOR, HOTEL KALPAKAVADI, G.B.ROAD, PALAKKAD. BY ADV. MR. N.RAGHURAJ MS. K.AMMINIKUTTY RESPONDENTS: --------------- 1. THE PALAKKAD MUNICIPALITY, PALAKKAD, REPRESENTED BY ITS SECRETARY. 2. THE SECRETARY, PALAKKAD MUNICIPALITY, PALAKKAD. 3. T.SHIHJABUDEEN, THACHOTHU HOUSE, THALAKKADU, THEKKAN KUTTOOR PO., MALAPPURAM DISTRICT. 4. FATHIMA W/O. LATE AHAMMED KUTTY HAJI, THACHOTHU HOUSE, THALAKKADU, THEKKAN KUTTOOR PO., MALAPPURAM DISTRICT. R1 AND R2 BY GOVERNMENT PLEADER MR. T. C. SURESH MENON THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) No. 13194 of 2009 APPENDIX PETITIONER'S EXHIBITS : EXT. P1 : TRUE PHOTOCOPY OF THE ORDER BEARING NO. PH2-8915/2004 DATED 01.04.2005 EXT. P2 : TRUE PHOTOCOPY OF THE APPEAL DATED 12.4.2007 EXT.P3 : TRUE PHOTOCOPY OF THE COMPLAINT WHICH WAS NUMBERED AS O.P. NO. 502 OF 2008 EXT.P4 : TRUE PHOTOCOPY OF THE ORDER DATED 13.10.2008 ISSSUED BY THE OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITU- TIONS. EXT.P5 : TRUE PHOTOCOPY OF THE NOTICE BEARING NO. PH2 8915/03 DATED 11.11.2008 EXT.P6 : TRUE PHOTOCOPY OF THE DECISION DATED 30.07.2008 EXT.P6 (a) : TRUE PHOTOCOPY OF THE DECISION SIGNED BY THE CHAIRMAN OF THE MUNCIPALITY DATED 12.08.2008 EXT.P7 : TRUE PHOTOCOPY OF THE JUDGMENT DATED 05.12.2008 IN W.P. (C) NO. 34027 OF 2008 EXT.P8 : TRUE PHOTOCOPY OF THE COVERING LETTER DATED 19.2.2009 EXT.P9 : TRUE PHOTOCOPY OF THE NOTICE BEARING NO. PH2 /8915/03 DATED 06.04.2009 EXT.P10 : TRUE PHOTOCOPY OF THE REPLY SUBMITTED BY TH PETITIONER. EXT.P11 : TRUE PHOTOCOPY OF THE NOTICE DATED 22.04.2009 /TRUE COPY/ P.A. TO JUDGE P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P. (C) No. 13194 of 2009 ~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 5th day of May, 2009 JUDGMENT The petitioner has approached this Court mainly challenging Ext.P9 and Ext.P11 and also seeking for a direction to respondents 1 and 2 to serve copies of Ext.P6 and Ext.P6(a) duly signed and sealed so as to enable the petitioner to file statutory appeal before the Tribunal for Local Self Government Institutions. 2. The learned standing counsel for the first respondent Municipality submits that copies of the order, as stated above, will be served within a week's time. In the said circumstances, the petitioner is directed to approach the concerned Tribunal by filing the statutory appeal within a period of two weeks from the date of receipt of a copy of the orders. It is made clear that running of the hotel by the petitioner will be subject to the orders to be sought for and obtained from the Tribunal in the appeal or such other proceedings filed by the petitioner. P. R. RAMACHANDRA MENON, JUDGE kmd