Shakkeela vs State Of Kerala on 12 February, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 13678 of 2008(C)


1. SHAKKEELA, W/O.LATE SHAJAHAN,
                      ...  Petitioner
2. MIHARAJ,

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

2. KOZHINJAMPARA GRAMA PANCHAYATH,

3. DR.P.T.KOSHY, THOMAS CLINIC,

4. THE OMBUDSMAN FOR LOCAL SELF GOVERNMENT

                For Petitioner  :SRI.SAJAN VARGHEESE K.

                For Respondent  :SRI.P.SANTHALINGAM (SR.)

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :12/02/2009

 O R D E R
                                 S.SIRI JAGAN, J.
                         ==================
                           W.P(C).No.13678 of 2008
                         ==================
                 Dated this the 12th day of February, 2009
                                 J U D G M E N T

The petitioners are aggrieved by the proceedings initiated for

demolition of the petitioners’ building while the petitioners’ application

for regularisation of the construction is pending. Prayer Nos.3 and 4 in

the writ petition are as follows:

“iii) issue a writ of mandamus or other appropriate writ or order or
direction directing the respondent No.1 to dispose of Ext.P4 in a
time limit to be fixed by this Hon’ble Court, after affording an
opportunity of being heard to the petitioner and staying all
proceedings towards demolition of the petitioners’ building
including Exts.P3 and P7;

iv) issue a writ of mandamus or other appropriate writ or order or
direction directing the respondent No.1 or the concerned Authority
to issue a certified copy of the order dated 15.11.2006, alleged to
be passed as stated in Ext.P7, to the petitioners at the earliest, in
a time limit to be fixed by this Hon’ble Court and in the meantime
staying all proceedings towards demolition of the petitioners’
building including Exts.P3 and P7:”

In the above circumstances, this writ petition is disposed of with

a direction to the 1st respondent to consider and pass orders on Ext.P4,

as expeditiously as possible, at any rate, within one month from the

date of receipt of a certified copy of this judgment, after affording an

opportunity of being heard to the petitioners. Before hearing, the

petitioners shall be served with a copy of the order dated 15.11.2006.

Till orders are so passed on Ext.P4, the demolition of the petitioners’

building pursuant to Exts.P3 and P4 shall be kept in abeyance.

Sd/-

sdk+                                                    S.SIRI JAGAN, JUDGE
            ///True copy///

                                   P.A. to Judge

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