A.T. SEBASTIAN, v. THE ALUVA MUNICIPALITY,
Court: High Court of Kerala
Bench: HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
Judgment date:
Case summary
High Court of Kerala judgment dated 2024-08-08. A.T. SEBASTIAN, v. THE ALUVA MUNICIPALITY,. Read the judgment and case details on LawSphereX.
Judgment text
2024:KER:60535 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE MOHAMMED NIAS C. P. TH THURSDAY, THE 8 DAY OF AUGUST 2024 / 17TH SRAVANA, 1946 WP(C) NO. 28309 OF 2024 PETITIONER: A. T. SEBASTIAN, AGED 61 YEARS, S/O. THOMAS,APPAPARAMBIL HOUSE, ULIYANNOOR P. O. ,ALUVA, ERNAKULAM, PIN – 683108. BY ADVS. M/S. GEORGE SEBASTIAN & B. S. SURESH KUMAR RESPONDENTS: 1 THE ALUVA MUNICIPALITY, REPRESENTED BY ITS SECRETARY. ALUVA, KERALA, PIN - 683101 2 THE MUNICIPAL COUNCIL OF ALUVA MUNICIPALITY , REP. BY ITS CHAIRPERSON, ALUVA MUNICIPALITY, ALUVA, ERNAKULAM, PIN - 683101 3 THE SECRETARY, ALUVA MUNICIPALITY, ALUVA, ERNAKULAM,, PIN - 683101 4 THE DEPUTY TAHSILDAR (REVENUE RECOVERY), PARAVOOR TALUK, FIRST FLOOR, POLICE STATION RD, ABOVE SUB REGISTRAR OFFICE, NORTH PARAVUR. , PIN - 683513 5 THE VILLAGE OFFICER, KADUNGALLOOR VILLAGE OFFICE, ALUVA MUPPAMUPPATHADAM. P. O. ,, PIN - 683110 6 THE KERALA BUS TRANSPORT ASSOCIATION, REGISTRATION NO. TCR 10/2016, DOOR NO.
426(15A), RAJEEV 2024:KER:60535 2 GANDHI BUS TERMINAL, ALUVA, ERNAKULAM DISTRICT, REP. BY ITS SECRETARY GAFOOR P. A, PIN - 683101 7 THE PRIVATE BUS OPERATORS ASSOCIATION, 1ST FLOOR MUNICIPAL CLOCK TOWER BUILDING, N. H. BYPASS, ALUVA , REP. BY THE SECRETARY, P. B. SATHAR, S/O. BEERANKUTTY, PULLAMPURATH, VADAKODE P. O. , KANGARAPPADI, PIN - 682021 SMT. AMMINIKUTTY K. K. , SR. GP, SRI. K. T. THOMAS, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08. 08. 2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2024:KER:60535 3 MOHAMMED NIAS C. P. , J. ======================================== W. P. (C) No. 28309 of 2024 ======================================== th Dated this the 8 day of August, 2024 J U D G M E N T The petitioner submits that he had preferred Ext. P16 appeal against Ext. P15 order passed by the Secretary of the Municipality rejecting the request for petitioner for waiver of amount and against the demand of the Municipality. The petitioner submits that Ext.
P16 appeal is pending nd consideration. Accordingly, there will be a direction to the 2 respondent Council to hear Ext. P16 appeal, with notice to the petitioner and other affected parties if any, and to take a decision within 6 weeks from today. The operation of Exts. P17 and P18 will be deferred till the passing of orders in the appeal, as directed above. The writ petition is disposed of. Sd/- MOHAMMED NIAS C. P. , JUDGE MMG 2024:KER:60535 4 APPENDIX OF WP(C). NO. 28309/2024 PETITIONER'S EXHIBITS: A TRUE COPY OF THE TENDER CONDITIONS BEARING NO. R5-133/23 DATED 16. 02. 2023 ISSUED BY THE 1ST RESPONDENT A TRUE COPY OF THE ORDER DATED 07. 03. 2023 BEARING NO. R5-133/23 ISSUED BY THE 1ST RESPONDENT IN RESPECT OF COLLECTION OF USERS’ FEE A TRUE COPY OF THE ORDER DATED 07. 03. 2023 BEARING NO. R5-133/23 ISSUED BY THE 1ST RESPONDENT IN RESPECT OF ANNOUNCEMENT FEES A TRUE COPY OF THE COMMUNICATION DATED 06. 06. 2023 FROM THE 1ST RESPONDENT A TRUE COPY OF THE REPRESENTATION DATED 06.
06. 2023 FILED BY THE PETITIONER BEFORE THE SECRETARY OF THE 1ST RESPONDENT MUNICIPALITY ALONG WITH ITS RECEIPT A TRUE COPY OF THE JUDGMENT DATED 01. 11. 2023 IN WP(C) 19546/2023 A TRUE COPY OF THE INTERIM ORDER DATED 01. 11. 2023 IN WP(C) 17543/2023 A TRUE COPY OF THE REPRESENTATION DATED 07. 12. 2023 SUBMITTED BY THE 3RD RESPONDENT TO THE SHO ALUVA EAST POLICE STATION A TRUE COPY OF THE ORDER DATED 08. 12. 2023 PASSED BY THE SECRETARY OF THE 1ST RESPONDENT MUNICIPALITY A TRUE COPY OF THE NOTICE DATED 18. 12. 2023 ISSUED BY THE SECRETARY OF THE 1ST RESPONDENT MUNICIPALITY 2024:KER:60535 5 A TRUE COPY OF THE LETTER DATED 19. 12. 2023 ISSUED BY THE SECRETARY OF THE 1ST RESPONDENT MUNICIPALITY TO THE SHO ALUVA EAST POLICE STATION A TRUE COPY OF THE INTERIM ORDER DATED 27. 02. 2024 IN WP(C) 351/2024 A TRUE COPY OF THE REPRESENTATION DATED 15. 03. 2024 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT A TRUE COPY OF THE JUDGMENT DATED 18. 03.
2024 IN WP(C) 10919/2024 A TRUE COPY OF THE ORDER BEARING NO. R5-8961 DATED 17. 05. 2024 PASSED BY THE 3RD RESPONDENT A TRUE COPY OF THE STATUTORY APPEAL DATED 05. 07. 2024 FILED BY THE PETITIONER ALONG WITH ITS RECEIPT A TRUE COPY OF THE NOTICE DATED 05. 07. 2024 ISSUED BY THE 4TH RESPONDENT UNDER SECTION 7 OF THE KERALA REVENUE RECOVERY ACT A TRUE COPY OF THE NOTICE DATED 05. 07. 2024 ISSUED BY THE 4TH RESPONDENT UNDER SECTION 34 OF THE KERALA REVENUE RECOVERY ACT
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