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BECHU KURIAN THOMAS
Janeesh P. S. S/o. Samsudeen – Appellant
Versus
Thrissur Municipal Corporation Represented By Its Secretary, Corporation Office, Thrissur District, Kerala – Respondent
JUDGMENT :
The Thrissur Corporation owns a building in which a tourist home was conducted under the name “Bini Tourist Home”. The licensee who was conducting the said tourist home surrendered the building in 2020, and thereafter, it has not been functioning till date. The attempts of the Corporation to identify a licensee for running the said tourist home has not fructified till date. Finally, the attempts found fruition when Sri. Janeesh - the writ petitioner in W.P(C) No.3668 of 2023, became the highest amongst five tenderers. However, after the said person was identified as a prospective licensee, disputes arose, provoking an alleged raucous at the meeting of the Corporation Council, resulting in these three writ petitions.
2. W.P.(C) No.3668 of 2023 is filed by Sri. Janeesh, while W.P.(C) No.5469 of 2023 and W.P.(C) No.27414 of 2023 are filed by some of the Councillors of the Thrissur Municipal Corporation.
3. While Sri. Janeesh has sought directions for execution of the agreement granting him the license to run the tourist home pursuant to the decision of the Corporation Council on 30.01.2023, a few councillors have challenged the said resolution of the Council and have also soug
The decision of the majority of the Municipal Council is binding, and dissenting members cannot challenge the decision in court.
Judicial review of municipal decisions is limited to ensuring legal compliance, not the merits of the decisions themselves, reinforcing the autonomy of local governance bodies.
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