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NAINAR MUHAMMAD versus SECRETARY (SPECIAL GRADE)

High Court of Kerala

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NAINAR MUHAMMAD v. SECRETARY (SPECIAL GRADE) - OP No. 3668 of 2003(J) [2006] RD-KL 1210 (17 October 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP No. 3668 of 2003(J)

1. NAINAR MUHAMMAD, S/O. MUHAMMAD UMMAR,
... Petitioner

Vs

1. SECRETARY (SPECIAL GRADE)
... Respondent

For Petitioner :SRI.THIRUMALA P.K.MANI

For Respondent :S.C.,SREEKARIYAM PANCHAYAT

The Hon'ble MR. Justice KURIAN JOSEPH

Dated :17/10/2006

O R D E R

KURIAN JOSEPH, J.

O.P.No.3668 OF 2003

Dated this the 17th October, 2006



J U D G M E N T

This writ petition is filed with the following prayer:-

i) to issue a writ of certiorari or any other appropriate writ, order or direction quashing all the proceedings initiated by Ext.P5 for demolishing the shed having an extent of 3.80 meters length and 3.60 metres width constructed on the rear side of the building bearing No.SP IV/322, 323 existing in the 7 cents of property in Sy.No.635 in Pangappara Village, owned by the petitioner by virtue of the sale deed No.268/94 registered in the office of the Sub Registry Kazhakkoottam and a direction to the respondent to regularise the above construction in accordance with law. Since Ext.P5 is only a notice, in case the petitioner has any grievance, it is for him to to respond to the same, in which case the 1st respondent will get an opportunity to pass an order adverting to the contentions taken by the petitioner and if still aggrieved the petitioner has a remedy before the Tribunal also. Therefore, without prejudice to the liberty to the petitioner to respond to Ext.P5 notice and invite a reasoned order by the 1st respondent with notice the petitioner and any other affected parties, this writ petition is disposed of making it clear that in case the disputed demolition has not taken place as of now, such 3668/2003 2 steps shall be deferred for a period of four months in order to enable the petitioner to workout the relief as above.

(KURIAN JOSEPH, JUDGE)

ps 3668/2003 3

KURIAN JOSEPH, J.

O.P.No.3668/2003

JUDGMENT

17th October, 2006


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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