IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 11TH FEBRUARY 2010 / 22ND MAGHA 1931 WP(C).No. 22866 of 2007(V) ---------------------------------------- PETITIONER(S): ------------------------ M.KRISHNAKUMAR, VENATTU HOUSE, KOTTARKAVU, MAVELIKKARA, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER THANKAMMA, VENATTU HOUSE, KOTTARKAVU, MAVELIKKARA. BY ADVS. MR.P.B.SAHASRANAMAN, MR.K.JAGADEESH, MR.T.S.HARIKUMAR. RESPONDENT(S): ---------------------------- 1. THE SECRETARY, MAVELIKKARA MUNCIPALITY, MAVELIKKARA. 2. THE SECRETARY, TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM. 3. SURESH, "PONNOOS", ROOM NO.6, DEVASWOM BOARD COMPLEX, MAVELIKKARA. R1 BY ADVS.MR.K.HARILAL,SC,MAVELIKARA MUNICIPALITY MR.R.RANJITH. R2 BY ADV.MR.NAGARAJ NARAYANAN, SC, TDB R3 BY ADV.MR.R.RAMADAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.22866/2007 V APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE JUDGMENT IN WPC.NO.2161/2005 OF THE HON'BLE HIGH COURT, DTD. 13/10/2005. P2: COPY OF THE ORDER OF THE TRIBUNAL, DTD. 30/12/2005. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.22866 OF 2007 ------------------------------------------- Dated this the 11th day of February, 2010 JUDGMENT This writ petition reflects the most disparaging manner in which a municipal secretary has handled the directions issued by the Tribunal for Local Self Government Institutions. The Tribunal had issued Ext.P2 order way back on 30.12.2005, directing that action shall be taken within 30 days therefrom. In spite of that direction, nothing has happened. Complaining about inordinate delay, this writ petition was filed on 25.7.2007. Notice was issued. Even then, nothing happened. Today, learned counsel who now appears for the municipality states that the present secretary has been advised to take further action at the earliest. What has happened in this case is nothing but sheer affront to a statutory authority, a tribunal, constituted for Local Self Government Institutions after denuding the civil courts of the WPC.22866/07 2 power of adjudication of issues relating to enforcement of municipal laws. This is clear breach of the confidence reposed by the Constitution and the laws in the establishment, including finance. Persons who had been the municipal secretaries of the Mavelikkara municipality are, therefore, liable to pay costs to the petitioner. Since they are not parties, the municipality is directed to pay costs to the petitioner fixed at Rs.25,000/-, which the municipality will be eligible for reimbursement from all persons who had been secretaries of the municipality on and after the last week of February, 2006. The secretary now in office will report the obedience and compliance of Ext.P2 order by filing a report to that effect in the form of affidavit before the Registrar (General) of this Court within a period of one month from now. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.17/02.