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C.P.PHILIP versus SECRETARY

High Court of Kerala

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C.P.PHILIP v. SECRETARY - WP(C) No. 18863 of 2007(U) [2007] RD-KL 17661 (24 September 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 18863 of 2007(U)

1. C.P.PHILIP,
... Petitioner

Vs

1. SECRETARY,
... Respondent

2. A.M.SAJI,

For Petitioner :SRI.JACOB P.ALEX

For Respondent :SRI.VARGHESE P.THOMAS

The Hon'ble MR. Justice PIUS C.KURIAKOSE

Dated :24/09/2007

O R D E R

PIUS C. KURIAKOSE, J.

.......................................................... W.P.(C)No.18863 OF 2007 ...........................................................

DATED THIS THE 24TH SEPTEMBER, 2007



J U D G M E N T

The Secretary of the Municipality has filed a statement. Paragraph 3 of the statement reads as follows:-

"3. It is submitted that Ext.P3 is issued by the Municiaplity after making necessary enquiry. The Municipality will take appropriate action against the 2nd respondent as per Municipality Act, if there is refusal on his part."

2. Mr.Jacob Alex, counsel for the petitioner submits that it will suffice if this Court records paragraph 3 of the statement and closes the Writ Petition. Counsel for the party-respondent does not agree. He sought time to file counter affidavit. However, considering the stand of the Municipality and the submission of Mr.Jacob Alex, counsel for the petitioner, I am of the view that it is not necessary that this Court goes into the contentions raised or to be raised by the 2nd respondent, since the petitioner is satisfied with what is stated in para.3 of the statement filed by the Secretary. The Writ Petition will stand closed recording para.3 of the WP(C)N0.18863/07 statement. It is made clear that the action proposed by the Municipality in para.3 of the statement shall be an action in accordance with law.

(PIUS C.KURIAKOSE, JUDGE)

tgl WP(C)N0.18863/07


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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