IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 3RD AUGUST 2009 / 12TH SRAVANA 1931 WP(C).No. 21813 of 2009(V) -------------------------- PETITIONER(S): --------------- ATHITHA KUMAR, W/O.LATE T.K.KUMAR, PALAMUTTATHU VEEDU, VAIPOORU P.O., MALLAPPALLY, PATHANAMTHITTA DISTRICT. BY ADV. SRI.R.REGHUNANDANA MENON RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY ITS REVENUE SECRETARY TO LOCAL SELF GOVT.INSTITUTIONS, SECRETARIAT, TRIVANDRUM. 2. THE SECRETARY, KOTTAYAM MUNICIPALITY, MUNICIPAL OFFICE, KOTTAYAM. R1 BY GOVT. PLEADER SRI.V.MANU R2 BY ADV. SRI.SIBY MATHEW SRI.PHILIP J.VETTICKATTU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.21813 OF 2009 ------------------------------------------- Dated this the 3rd day of August, 2009 JUDGMENT The petitioner faces Ext.P5, whereby, a demand has been made for arrears of amounts due for occupation of a commercial premises. I am not inclined to merely direct disposal of a representation when the petitioner has effective statutory remedy and is also duty bound to pay the amounts due to the municipality. Such funds, essentially, are utilised by the municipality to give effect to larger public interest matters. The personal situation of the petitioner referable to her marriage, death of the husband, health etc, do not generate any over- whelming situation to override the public interest which the municipality has to preserve. I do not find any ground for the writ court to interfere in exercise of discretionary jurisdiction. The writ petition fails. The same is accordingly dismissed without prejudice to what is stated above. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.3/8.