IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 16836 of 2007(D)
1. NARAYANANKUTTY ALIAS HARIDAS,
... Petitioner
Vs
1. THE SECRETARY, THIRUVILWAMALA
... Respondent
2. K.R.MOHANAN, S/O.KUTTIRAMAN
For Petitioner :SRI.G.HARIHARAN
For Respondent :SRI.V.TEKCHAND
The Hon'ble MR. Justice K.M.JOSEPH
Dated :18/06/2007
O R D E R
K.M.JOSEPH, J.
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W.P.(C).No. 16836 OF 2007 -D
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Dated this the 18th day of June, 2007
JUDGMENT
Petitioner challenges Ext.P4. Ext.P4 is a notice issued
by the first respondent to the petitioner. In the notice,
there is a direction to demolish the alleged unauthorised
portion of the construction made by the petitioner.
2. Today, when the matter came up, learned counsel
for the Panchayat submits that no notice as submitted was
given earlier and Ext.P4 may be treated as a notice. It is
open to the petitioner to submit his objection to Ext.P4
treating it as a notice, he submits. Thereafter petitioner
may also be heard in the matter and petitioner can raise his
objections and also produce any material to substantiate his
contention, it is submitted.
Having heard the learned counsel for the parties, the
writ petition is disposed of as follows:
Ext.P4 shall be treated as a notice and it is open to the
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petitioner to raise all his objections available in law to
Ext.P4 within a period of twenty days from today. The first
respondent will consider the objection, hear the petitioner,
consider the materials produced by the petitioner and take a
decision in accordance with law which shall be
communicated to the petitioner. I leave open the
contentions of the parties. Till such time as a decision is
taken, interim order passed by this court will continue.
(K.M.JOSEPH, JUDGE)
sv.
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