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V.M. ABDUL NAZAR, AGED 43 YEARS versus GOVERNMENT OF KERALA, REP. BY

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V.M. ABDUL NAZAR, AGED 43 YEARS v. GOVERNMENT OF KERALA, REP. BY - WP(C) No. 1132 of 2007(I) [2007] RD-KL 909 (11 January 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 1132 of 2007(I)

1. V.M. ABDUL NAZAR, AGED 43 YEARS,
... Petitioner

2. A. UNEENKUTTY, AGED 54 YEARS,

3. P.A. UMMER, AGED 44 YEARS,

4. C. VELAYUDHAN, AGED 51 YEARS,

5. K. KRISHNADAS, AGED 44 YEARS,

6. K.S. BALASUBRAMANIAN, AGED 75 YEARS,

Vs

1. GOVERNMENT OF KERALA, REP. BY
... Respondent

2. PALAKKAD MUNICIPALITY, REP.BY

3. DISTRICT COLLECTOR, PALAKKAD,

4. ESTATE OFFICER, PALAKKAD MUNICIPALITY

For Petitioner :SRI.P.S.DIVAKARAN

For Respondent :SRI.V.CHITAMBARESH,SC,PALAKKAD MUNCIPALI

The Hon'ble MR. Justice PIUS C.KURIAKOSE

Dated :11/01/2007

O R D E R

PIUS C. KURIAKOSE,J.


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W.P.(C)No.1132 of 2007
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Dated: 11th January, 2007



JUDGMENT

Having regard to the grounds raised and the submissions of Mr.P.S.Divakaran, learned counsel for the petitioners and those of Mr.V.Chitambaresh, learned Standing Counsel for the Palakkad Municipality, this Writ Petition will stand disposed of at this stage itself in the following terms: The District Collector, Palakkad who is the Appellate Authority constituted under Section 10 of Act 25 of 1968 will take up Ext.P5 and similar appeals preferred by the petitioners against Ext.P4 order and dispose of those appeals in accordance with law at his earliest and at any rate within one month of receiving a copy of this judgment. Till such time as the appeals are disposed of by the District Collector, the Municipality will not dispossess the writ petitioners from the buildings presently under their possession provided the following conditions are complied with by them:

1. All the writ petitioners will pay the amount due from them as arrears of licence fee/rent (penal interest excluded) in three equal fortnightly instalments. The first instalment shall be payable on 18th instant, the next 14 days thereafter and the last 14 days still thereafter. W.P.C.No.1132/07 - 2 -

2. The liability of the writ petitioners to pay penal interest will be decided in the appeals and in proper further proceedings, if necessary.

3. If the petitioners cause defaults in the matter of remitting the amount as ordered above, they will forfeit the benefit of this judgment.

srd PIUS C.KURIAKOSE, JUDGE


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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