Kerala High Court
WP(C)/10476/2025 of RAJU K M Vs STATE OF KERALA, on 1 April 2025
COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 WP(C) NO. 10476 OF 2025 PETITIONER/S: RAJU K M AGED 70 YEARS MUNICIPAL COUNCILLOR, WARD NO.18, HARIPAD MUNICIPALITY, RESIDING AT KOCHARIYATTU SAIKARUNYA,
2025:KER:27918
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947
WP(C) NO. 10476 OF 2025
PETITIONER/S:
RAJU K M
AGED 70 YEARS
MUNICIPAL COUNCILLOR, WARD NO.18, HARIPAD
MUNICIPALITY, RESIDING AT KOCHARIYATTU SAIKARUNYA, NANGIARKULANGARA, VILLAGE CHINGOLI, PALLIPAD, ALAPPUZHA, KERALA, PIN - 690513
BY ADVS.
JOBY CYRIAC
KURIAN K JOSE
DEVIKA T.R.
RESPONDENT/S:
STATE OF KERALA,
REPRESENTED BY THE PRINCIPAL SECRETARY, LOCAL SELF
GOVERNMENT DEPARTMENT, THIRUVANANTHAPURAM, KERALA, PIN - 695033
THE PRINCIPAL SECRETARY,
LOCAL SELF GOVERNMENT DEPARTMENT, KERALA, MUSEUM, PUBLIC OFFICE PO, THIRUVANANTHAPURAM, KERALA, PIN
- 695033
THE PRINCIPAL DIRECTOR
LOCAL SELF GOVERNMENT DEPARTMENT, KERALA, SWARAJ
BHAVAN, GROUND FLOOR,NANTHANCODU, KOWDIAR.P.O, THIRUVANANTHAPURAM, PIN - 695003
W.P.C No. 10476 of 2025
2025:KER:27918
THE HARIPAD MUNICIPALITY
REPRESENTED BY ITS SECRETARY, TOWN HALL JN.
HARIPPAD, PIN - 690514
THE CHAIRMAN,
HARIPAD MUNICIPALITY, TOWN HALL JN. HARIPPAD, PIN
- 690514
BY ADV M.R.ARUNKUMAR
OTHER PRESENT:
Smt.Deepa.K.R, Spl.G.P
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.04.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.C No. 10476 of 2025
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JUDGMENT
The petitioner is a Municipal Councillor of Ward No.18 of the 4th respondent Municipality. The grievance highlighted by the petitioner is pertaining to a meeting convened by the Municipality without following the statutory procedure and the resolution taken in the said meeting. Being aggrieved by such resolution, the petitioner submitted Ext.P3 complaint, before the 2nd respondent for initiating proceedings under Section 57 of the Kerala Municipality Act. The limited prayer sought by the petitioner is to direct the 2nd respondent to take a decision on the same. After hearing the learned counsel for the petitioner, the learned Special Government Pleader and the learned Standing Counsel for the respondent No.4, I am inclined to dispose of this writ petition. Accordingly, it is ordered that, the 2nd respondent shall take up Ext.P3, and take a decision, as to whether the matter requires reference as contemplated under Section 57 of the Kerala Municipality Act, after hearing the views of the W.P.C No. 10476 of 2025
2025:KER:27918 Municipality as well, within a period of one month from the date of receipt of a copy of this judgment. Sd/- ZIYAD RAHMAN A.A.
JUDGE rpk
W.P.C No. 10476 of 2025
2025:KER:27918 APPENDIX OF WP(C) 10476/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE NOTICE NO. 4/2025, DATED 14/02/2025 ISSUED BY THE 5TH RESPONDENT Exhibit P2 TRUE COPY OF THE MINUTES OF THE RESOLUTION, DATED 15/02/2025, OF THE MUNICIPAL COUNCIL OF THE 4TH RESPONDENT MUNICIPALITY Exhibit P3 TRUE COPY OF THE PETITION SENT BY THE PETITIONER TO THE 2ND RESPONDENT DATED NIL Exhibit P4 TRUE COPY OF THE PETITION SENT BY THE PETITIONER TO THE 3RD RESPONDENT DATED NIL Exhibit P5 TRUE COPY OF THE SCREENSHOT OF THE EMAIL, DATED 18/02/2025, WHEREBY EXT P3 WAS SENT TO THE 2ND RESPONDENT Exhibit P6 TRUE COPY OF THE SCREENSHOT OF THE EMAIL, DATED 04/03/2025, WHEREBY EXT P4 PETITION WAS SENT TO THE 3RD RESPONDENT