V. Vijayakumar vs The Nedumangad Municipality Rep. … on 8 August, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 23543 of 2005(C)


1. V. VIJAYAKUMAR, AGED 42 YEARS,
                      ...  Petitioner

                        Vs



1. THE NEDUMANGAD MUNICIPALITY REP. BY
                       ...       Respondent

2. THE TAHSILDAR, NEDUMANGAD,

3. THE GOVERNMENT OF KERALA REP. BY

                For Petitioner  :SRI.T.A.UNNIKRISHNAN

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice KURIAN JOSEPH

 Dated :08/08/2008

 O R D E R
                        KURIAN JOSEPH, J.
              ---------------------------------------
                  W.P.(C) No.23543 OF 2005
              ---------------------------------------
            Dated this the 8th day of August, 2008.


                          J U D G M E N T

Challenge is on Exhibits P3 and P4 by which the petitioner

has been asked to demolish the construction. The main dispute

is regarding service of notice. The stand taken by the

respondents is that notice had already been served by affixture.

There is a serious dispute on that. Be that as it may, since the

petitioner only wants a hearing, this writ petition is disposed of as

follows:

2. Petitioner will present himself before the second

respondent on 22.09.2008. The first respondent will also be

present on that day before the second respondent. Thereafter,

the second respondent, considering the contentions taken by the

petitioner and the first respondent, will pass fresh orders ignoring

the orders already passed. Orders as above shall be passed

within another one month. Any construction effected in the

meanwhile will be subject to the order thus passed by the second

respondent.

KURIAN JOSEPH, JUDGE.

smp

KURIAN JOSEPH, J.

W.P.(C) No. 23543 OF 2005

J U D G M E N T

08.08.2008