KERALA

Deputy chief of Palakkad municipality files appeal

Staff Reporter

Kochi: Deputy Chairperson of the Palakkad Municipality S.R. Balasubramanian on Monday filed an appeal before a Division Bench against a single judge's verdict holding that he had no authority to act as deputy chairperson as the oath taken by him did not conform to the provisions in the Kerala Municipality Act.

Justice K.M. Joseph, while allowing a quo warranto writ petition filed by Chandradas C., had directed that Mr. Balasubramanian should not act as deputy chairperson unless he took oath in accordance with the law. According to the petitioner, the oath taken by Mr. Balasubramanian was not legal as he took the oath before the returning officer, instead of the chairperson as contemplated under Section 143(2) of the Act.

The court had declared that the respondent had "not entered into the office of the deputy chairperson" as he had not subscribed to the oath as required in the law.

Trees on lease land

A full Bench of the Kerala High Court on Monday upheld Section 4 of the Kerala Grants and Lease (Modification of Rights) Act 1980 stipulating that seigniorage should be paid for removal of shade trees from a leased land by the lessees.

The Bench comprising Justice K.A. Abdul Gafoor, Justice K. Thankappan and Justice K. Hema upheld the provision while dismissing a petition filed by a contractor challenging the demand of the Forest Department for payment of seigniorage value to remove the shade tress from the estate of Travancore Rubber and Tea Company. The court ordered that the contractor was not entitled to pass for transportation of the trees unless lessees or grantee paid the seigniorage value.

Nod for bank

A Bench comprising Justice K.S. Radhakrishnan and Justice K. Balakrishanan Nair allowed the Al-Ahli Bank of Kuwait to repatriate the balance amount kept in the court out of the sale consideration after paying the wages of the crew and master of the abandoned ship M.T. Arabian Victory and the Cochin Port Trust.

The court had ordered sale of the ship in auction. It was sold at Rs.1.80 crores. A single judge had earlier dismissed a petition against the Ernakulam Chief Judicial Magistrate's order directing for payment of wages to the crew and the master of the ship. According to the bank, they had given loan to the owner of the vessel and the magistrate had passed the order without hearing them.

Proceedings set aside

Justice Kurian Joseph has set aside the proceedings of the Consumer Disputes Redressal Forum, Thrissur, claiming compensation from Suchithra Mohanlal, wife of cine star Mohanlal; director Fazhil; actor Mohanlal; actor Mammootty and the proprietor of Jose Theatre, Thrissur, for screening different climaxes in the film Harikrishnans.

The order was passed on a petition filed by Suchithra Mohanlal. The complainant had claimed compensation of Rs.1 lakhs.

According to the complaint he was disappointed when he saw the movie Harikrishnans on September 18, 1998 in which Mammooty married the heroine. Thereafter he had seen different climaxes for the film in Kochi.