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PREMAN, AGED 49, S/O.ITTERI v. STATE OF KERALA, REP. BY ITS - WP(C) No. 12212 of 2007(D)  RD-KL 15795 (16 August 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMWP(C) No. 12212 of 2007(D)
1. PREMAN, AGED 49, S/O.ITTERI,
1. STATE OF KERALA, REP. BY ITS
2. THE SUPERINTENDENT OF POLICE,
3. THE DEPUTY SUPERINTENDENT OF POLICE,
4. THE CIRCLE INSPECTOR OF POLICE,
5. THE SUB INSPECTOR OF POLICE,
6. SHABEER ALI, AGED ABOUT 35 YEARS,
7. DILEEP KUMAR, AGED 32 YEARS,
8. MOHAMMED HAJI, AGED ABOUT 55 YEARS,
9. FASARULLA, AGED ABOUT 40 YEARS,
For Petitioner :SRI.VARGHESE C.KURIAKOSE
For Respondent :SRI.V.V.SURENDRAN
The Hon'ble MR. Justice K.BALAKRISHNAN NAIR The Hon'ble MR. Justice HARUN-UL-RASHID
O R D E R
K. BALAKRISHNAN NAIR & HARUN-UL-RASHID, JJ.W.P.(C) No. 12212 of 2007
Dated, this the 16th day of August, 2007
Balakrishnan Nair, J.Government Pleader appeared for respondents 1 to 5. Service complete.
2. The petitioner has approached this court apprehending that a building constructed by him in which he runs a tea shop will be demolished by the Chelambra Grama Panchayat. So this writ petition is filed seeking police protection for his building.
3. The learned Government Pleader, upon instructions, submitted that the petitioner was granted permit to construct only one room, but, instead, he constructed three rooms. It is also submitted that the Panchayat has undertaken that it will take action against the building only in accordance with law following the relevant provisions in the Panchayat Raj Act. This court has issued an interim order on 10.4.2007 granting interim relief subject to the right of the Panchayat to acquire the land. The Panchayat will be free to acquire the land for widening the road. It can also demolish the portion of the building which is constructed in violation of the permit granted by it, after following due procedure. The writ petition is disposed of as above.
K. BALAKRISHNAN NAIR, JUDGE
HARUN-UL-RASHID, JUDGE.mt/ WPC No. Page numbers
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