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A.K.ABDURAHIMAN, S/O. IMBICHIYALI versus ULLYERI GRAMA PANCHAYATH, REPRESENTED

High Court of Kerala

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A.K.ABDURAHIMAN, S/O. IMBICHIYALI v. ULLYERI GRAMA PANCHAYATH, REPRESENTED - WP(C) No. 10784 of 2004(H) [2007] RD-KL 12662 (11 July 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 10784 of 2004(H)

1. A.K.ABDURAHIMAN, S/O. IMBICHIYALI
... Petitioner

2. A.K.NAFEESA W/O. A.K.ABDURAHIMAN,

Vs

1. ULLYERI GRAMA PANCHAYATH, REPRESENTED
... Respondent

2. THE SUB INSPECTOR OF POLICE, ATHOLI,

3. RAVI, AREEKULANGARA, ULLYERI,

4. KUNHIKRISHNAN NAIR, ULLYERI,

5. CHALIL MADHAVAN MASTER, ULLYERI,

6. KELAPPA KURUP, ULLYERI, KOYILANDI TALUK,

7. ANIL S/O. KANARAN, EENTHATTU, ULLYERI.

8. MR.E.VINOD S/O. KANARAN, AGED 30 YEARS,

9. T.M.BABU S/O. CHANDRASEKHARAN NAIR,

For Petitioner :SRI.C.P.MOHAMMED NIAS

For Respondent :SRI.K.N.SASEENDRAN

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

Dated :11/07/2007

O R D E R

THOTTATHIL B.RADHAKRISHNAN,J


=======================
W.P.(C).No.10784 of 2004
=======================

Dated this the 11th day of July, 2007



JUDGMENT

The petitioners applied for a building permit. The same was sanctioned by the Panchayat. Respondents 8 and 9 filed a suit. It is pleaded by the writ petitioners that the civil court has passed an order in their favour. In the meanwhile, the impugned Ext.P7 was issued by the Police Officer, essentially interfering with the construction. This Court granted an interim order on 29.3.2004 permitting further construction on terms setforth therein.

2. There is no counter affidavit on record.

3. The police do not have any right to interfere with the construction activities. This is more so when the litigation between the private parties are gaining attention of the civil court. Not only that, if there is any violation of Municipality Act, the statutory authorities are empowered to take appropriate action. W.P.(C).No.10784/2004 In the result, the impugned Ext.P7 is quashed and it is directed that the parties will be governed by the decision of the civil court and also that any violation of the Municipality Act, would be taken care of only in terms of the provisions of the relevant statutes.

THOTTATHIL B.RADHAKRISHNAN, JUDGE

dvs


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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