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2025 DAILYLAW 5108 (KER)

V.D.PAULOSE, v. CHALAKUDY MUNICIPALITY,

WP(C)/11604/2025 · 2025-03-28

Ziyad Rahman A A

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:27111 WP(C) NO. 11604 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 WP(C) NO. 11604 OF 2025 PETITIONER: V.D.PAULOSE, AGED 68 YEARS S/O. DEVASSY V.P., VITHYATHIL HOUSE, PULIYANAM (PO), ANGAMALY, ERNAKULAM, PIN - 683572 BY ADVS. RANJIT BABU K.B.ARUNKUMAR POOJA K.S. RESPONDENTS: 1 CHALAKUDY MUNICIPALITY, REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE, MUNICIPAL TOWN HALL COMPLEX, CHALAKUDY, THRISSUR DISTRICT, PIN - 680307 2 THE SECRETARY, CHALAKUDY MUNICIPALITY, MUNICIPAL OFFICE, MUNICIPAL TOWN HALL COMPLEX, CHALAKUDY, THRISSUR DISTRICT, PIN - 680307 2025:KER:27111 WP(C) NO. 11604 OF 2025 2 BY ADVS. SHEEJO CHACKO, SC LIKHITHA E.S(K/279/2014) S.S.SAILAKSHMI(K/736/2009) SONITH THOMAS CHACKO(K/000499/2024) SMT.DEEPA.V, G.P THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:27111 WP(C) NO. 11604 OF 2025 3 JUDGMENT The petitioner has approached this Court seeking the following reliefs: “i) To issue a writ of mandamus or any other appropriate writ order or directions commanding the 2nd respondent to consider Exhibit P- 5 representation within a timeframe stipulated by this Hon’ble Court, ii) To grant such other reliefs which this Hon’ble Court may deem fit and proper in the circumstances of the case. iii) Dispense with the filing of the translation of vernacular documents.” The grievance of the petitioner is that, the a application for vacancy remission as evidenced by Ext.P5, for the first half of the financial year 2025-2026 is not being considered by the Municipality, on the reason that, a dispute with regard to certain arrears of tax is now pending consideration before the Municipality. It is pointed out that, the dispute regarding arrears of tax was directed to be resolved by this Court as per Ext.P4 2025:KER:27111 WP(C) NO. 11604 OF 2025 4 judgment and it is now in process. The learned Standing Counsel appearing for the respondent Municipality pointed out that the representation submitted by the petitioner as evidenced by Ext.P5 is accepted into the file and is under processing. It is submitted that a decision shall be taken by them in due course. In such circumstances, this writ petition is disposed of directing 2nd respondent to consider the said representation and take a decision thereon within a period of one month from the date of receipt of a copy of this judgment, after hearing the petitioner, de hors the pending dispute with regard to the arrears. Sd/- ZIYAD RAHMAN A.A. JUDGE scs 2025:KER:27111 WP(C) NO. 11604 OF 2025 5 APPENDIX OF WP(C) 11604/2025 PETITIONER EXHIBITS Exhibit P-1 THE TRUE COPY OF THE REPRESENTATION DATED 08.10.2024 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P-2 THE TRUE COPY OF THE REPLY DATED 08.11.2024 ISSUED BY THE 2ND RESPONDENT Exhibit P-3 THE TRUE COPY OF THE OBJECTION SUBMITTED BY THE PETITIONER TO EXHIBIT P-2, DATED 28.11.2024 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P-4 THE TRUE COPY OF THE JUDGMENT DATED 28.01.2025 IN WP(C ) NO. 3381 OF 2025 Exhibit P-5 THE TRUE COPY OF THE REPRESENTATION DATED 12.03.2025 SUBMITTED BEFORE THE 2ND RESPONDENT