Over 2 lakh Indian cases. Search powered by Google!

Case Details

P.K.ABDUL RAHIM versus MISRIYA MUNEER

High Court of Kerala

Case Law Search

Indian Supreme Court Cases / Judgements / Legislation

Judgement


P.K.ABDUL RAHIM v. MISRIYA MUNEER - WP(C) No. 14858 of 2007(R) [2007] RD-KL 11893 (3 July 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 14858 of 2007(R)

1. P.K.ABDUL RAHIM
... Petitioner

Vs

1. MISRIYA MUNEER,
... Respondent

2. CHEEKKILIKKODAN KOVERI

3. SECRETARY,

4. THE DISTRICT COLLECTOR,

For Petitioner :SRI.K.V.SOHAN

For Respondent :SRI.M.K.SUMOD

The Hon'ble MR. Justice M.N.KRISHNAN

Dated :03/07/2007

O R D E R

M.N.KRISHNAN, J.

WP(C)No. 14858 OF 2007 R

Dated this the 3rd July, 2007.



JUDGMENT

This writ petition is filed to quash Ext.P4 order passed by the learned Munsiff, Thalassery in O.S.327/04. The suit is one for a declaration to the effect that defendants 1 and 2 have constructed the building in violation of the permit issued by defendant No:3 and also for a direction to demolish the unauthorised construction and further to restrain them from making any constructions in the property. The learned Munsiff found that the jurisdiction of the Tribunal is optional and the dispute is with respect to a boundary. Therefore, there is no bar to proceed with the case by the civil court. The point of dispute between the parties appears to be which is the correct demarcating boundary of the property and if it is so it is only the civil court which can decide that issue and not the tribunal constituted under the Act. It is true that under Section 271-S of the Kerala Panchayat Raj Act 1994 against the decisions of the local self government an appeal shall lie to the tribunal constituted under the said provision. It is not really the competency or validity of the said sanction that is under challenge what is really under challenge is which is the demarcating boundary WPC 14858/07 2 between the two properties. When it is so, it is crystal clear that it is only the civil court that can resolve such a dispute. Therefore, I find that the order passed by the learned Munsiff does not suffer from any infirmity and this writ petition is dismissed. M.N.KRISHNAN Judge jj


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

Advertisement

dwi Attorney | dui attorney | dwi | dui | austin attorney | san diego attorney | houston attorney | california attorney | washington attorney | minnesota attorney | dallas attorney | alaska attorney | los angeles attorney | dwi | dui | colorado attorney | new york attorney | new jersey attorney | san francisco attorney | seattle attorney | florida attorney | attorney | london lawyer | lawyer michigan | law firm |

Tip:
Double Click on any word for its dictionary meaning or to get reference material on it.