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NARAYANANKUTTY ALIAS HARIDAS versus THE SECRETARY, THIRUVILWAMALA

High Court of Kerala

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NARAYANANKUTTY ALIAS HARIDAS v. THE SECRETARY, THIRUVILWAMALA - WP(C) No. 16836 of 2007(D) [2007] RD-KL 10479 (18 June 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 16836 of 2007(D)

1. NARAYANANKUTTY ALIAS HARIDAS,
... Petitioner

Vs

1. THE SECRETARY, THIRUVILWAMALA
... Respondent

2. K.R.MOHANAN, S/O.KUTTIRAMAN

For Petitioner :SRI.G.HARIHARAN

For Respondent :SRI.V.TEKCHAND

The Hon'ble MR. Justice K.M.JOSEPH

Dated :18/06/2007

O R D E R

K.M.JOSEPH, J.


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W.P.(C).No. 16836 OF 2007 -D
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Dated this the 18th day of June, 2007



JUDGMENT

Petitioner challenges Ext.P4. Ext.P4 is a notice issued by the first respondent to the petitioner. In the notice, there is a direction to demolish the alleged unauthorised portion of the construction made by the petitioner.

2. Today, when the matter came up, learned counsel for the Panchayat submits that no notice as submitted was given earlier and Ext.P4 may be treated as a notice. It is open to the petitioner to submit his objection to Ext.P4 treating it as a notice, he submits. Thereafter petitioner may also be heard in the matter and petitioner can raise his objections and also produce any material to substantiate his contention, it is submitted. Having heard the learned counsel for the parties, the writ petition is disposed of as follows: Ext.P4 shall be treated as a notice and it is open to the WPC No.16836/07 2 petitioner to raise all his objections available in law to Ext.P4 within a period of twenty days from today. The first respondent will consider the objection, hear the petitioner, consider the materials produced by the petitioner and take a decision in accordance with law which shall be communicated to the petitioner. I leave open the contentions of the parties. Till such time as a decision is taken, interim order passed by this court will continue.

(K.M.JOSEPH, JUDGE)

sv. WPC No.16836/07 3


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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