IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 30TH SEPTEMBER 2009 / 8TH ASWINA 1931 WP(C).No. 27417 of 2009(V) -------------------------- PETITIONER(S): --------------- 1. THOBIYAS PO, AGED 45, S/O.P.K.KOCHUVARU, KALALAYAM APARTMENT FLAT NOXI/189/15,TMC.46/225, PUDURKARA, AYYANTHOLE PO, THRISSUR,680 003. 2. SARASWATHY BAI, W/O.C.J.PREM, KALALAYAM APARTMENT FLAT NOXI/189/14,TMC.46/224 PUDURKARA, AYYANTHOLE PO, THRISSUR,680 003 3. MRS.NANDA DEVI, W/O.SUBRAMANIAN K.K KALALAYAM APARTMENT FLAT NOXI/189/1D,TMC.46/220 PUDURKARA, AYYANTHOLE PO, THRISSUR,680 003 4. PRADEEP, KALALAYAM APARTMENT ,TMC.46/211 PUDURKARA, AYYANTHOLE PO, THRISSUR,680 003 5. A.M.UMMAR, TNC,46/214 PUDURKARA, AYYANTHOLE PO, THRISSUR,680 003 6. SEKHARAN, KALALAYAN APARTMENT,TMC.46/215, PUDURKARA, AYYANTHOLE PO,THRISSUR,680 003. 7. BIJU.C, KALALAYAN APARTMENT,TMC.46/216, PUDURKARA, AYYANTHOLE PO,THRISSUR,680 003. 8. AJITH KUMAR, KALALAYAN APARTMENT,FLAT NOXI/189/15,TMC.46/212 PUDURKARA, AYYANTHOLE PO,THRISSUR,680 003. BY ADV. SRI.G.SREEKUMAR (CHELUR) SMT.PREETHY KARUNAKARAN SRI.K.RAVI (PARIYARATH) WPC.27417/09 2 RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY THE SECRETARY TO THE GOVT,.LOCAL SELF GOVERNMENT DEPARTMENT, GOVT.,SECRETARIAT, THIRUVANANTHAPURAM,. 2. THE THRISSUR MUNICIPAL CORPORATION, REP.BY ITS SECRETARY, MO.ROAD, THRISSUR. 3. THE SECRETARY THE THRISSUR MUNICIPAL CORPORATION, M.I.ROAD, THRISSUR. R2, R3 BY ADV.K.B.MOHANDAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.27417 OF 2009 ------------------------------------------- Dated this the 30th day of September, 2009 JUDGMENT Heard learned counsel for the petitioners and learned standing counsel for the corporation. All that is required is for the corporation to hear the petitioners before concluding proceedings on the basis of the impugned Exts.P2 to P4 series notices which are issued on the premise that the petitioners are liable to pay amounts for certain actions taken by the corporation, touching the cleaning of certain area. The liability to pay may or may not be there. Even if the liability is there, the quantum of amount is also a matter on which the petitioners are entitled to be heard. Therefore, it is directed that recovery on the basis of Exts.P2 to P4 will stand deferred for the time being, provided the petitioners show cause against the decision contained in those notices within a period of three weeks from now. If that be so, the secretary of the corporation will hear the petitioners and take a final decision in WPC.27417/09 Page numbers accordance with law. Since this is a statutory matter, the petitioners are also entitled to know the reasons for the decision, if it is adverse to them, since they would have statutory remedies available, if aggrieved. This writ petition ordered accordingly without entering on merits. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.5/10.