ABRAHAM JOSEPH, S/O. JOSEPH versus DISTRICT COLLECTOR

High Court of Kerala

Indian Supreme Court Cases / Judgements / Legislation

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ABRAHAM JOSEPH, S/O. JOSEPH v. DISTRICT COLLECTOR - WP(C) No. 20931 of 2007(P) [2007] RD-KL 12291 (6 July 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 20931 of 2007(P)

1. ABRAHAM JOSEPH, S/O. JOSEPH,
... Petitioner

Vs

1. DISTRICT COLLECTOR,
... Respondent

2. THODUPUZHA MUNICIPALITY, REPRESENTED BY

3. THODUPUZHA MUNICIPAL COUNCIL,

For Petitioner :SRI.M.RAMESH CHANDER

For Respondent :SRI.P.K.SOYUZ,THODUPUZHA MUNICIPALIT

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

Dated :06/07/2007

O R D E R

K.M.JOSEPH, J.

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W.P.(C).No.20931 OF 2007
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Dated this the 6th day of July, 2007

JUDGMENT

Exts.P1 and P3 are challenged in this writ petition. Ext.P1 is the show cause notice to which petitioner submitted Ext.P2. Ext.P3 is passed calling upon the petitioner to demolish the unauthorised structure encroached upon the property vested in the municipality.

2. I heard learned counsel for the petitioner and the learned counsel appearing for respondents 2 and 3, besides learned Government Pleader. Learned counsel for respondents 2 and 3 submits that Ext.P3 is appealable before the third respondent under section 509 of the Municipality Act.

3. In such circumstances, I feel that petitioner should be relegated to pursue the alternate remedy. The writ petition is disposed of as follows: If the petitioner prefers an appeal against Ext.P3 within two weeks from today before the third respondent, the third  WPC No.20931/07 2 respondent will consider and take a decision on the same in accordance with law after hearing the petitioner. Till such time as a decision is taken, Ext.P3 shall be kept in abeyance.

(K.M.JOSEPH, JUDGE)

sv.  WPC No.20931/07 3 

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