IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 30103 of 2007(H)
1. E.V.M. ENTERPRISES,
... Petitioner
Vs
1. THE STATE OF KERALA,
... Respondent
2. THE MUNNAR SPL. GRADE PANCHAYAT,
3. THE TOWN PLANNER,
For Petitioner :SRI.ANIL THOMAS(T)
For Respondent :SMT.AYSHA YOUSEFF, SC, MUNNAR G.PANCHAY
The Hon'ble MR. Justice K.BALAKRISHNAN NAIR
Dated :27/06/2008
O R D E R
K. BALAKRISHNAN NAIR, J.
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W.P.(C) No.30103 OF 2007
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Dated this the 27th day of June, 2008
J U D G M E N T
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The petitioner has approached this Court challenging
Ext.P10 notice issued by the 2nd respondent, Munnar Grama
Panchayat, proposing to demolish the construction made by
it. According to the Panchayat, the construction has been
made in violation of the building permit. Denying the
allegations in Ext.P10 the petitioner submitted Ext.P11 and
thereafter this writ petition was filed, challenging Ext.P10.
The Panchayat has filed a counter affidavit, stating that it is
yet to take a decision in the matter after considering the
objection of the petitioner. Therefore, this writ petition is
premature.
2. Since what is under challenge is only a notice, it
is unnecessary for this Court to go to the merits of the
contentions of the petitioner or that of the Panchayat. The
2nd respondent shall pass final orders in the matter, taking
W.P.(C) No.30103/2007 2
into account the objection raised by the petitioner and after
affording an opportunity of being heard to its representative.
The writ petition is disposed of as above.
(K.BALAKRISHNAN NAIR, JUDGE)
ps