IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 24376 of 2008(B)
1. K.T.KUNHALIKUTTY, S/O.UNNIMAMMOOTTY,
... Petitioner
Vs
1. THE WANDOOR GRAMA PANCHAYATH,
... Respondent
For Petitioner :SRI.DEVIDAS.U.K
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :13/08/2008
O R D E R
ANTONY DOMINIC, J
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W.P.(C).No.24376/2008
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Dated this the 13th day of August, 2008
JUDGMENT
Challenge in this writ petition is against Ext.P2, by
which the petitioner is asked to demolish the unauthorised
construction allegedly made his tenant. According to the
petitioner, the land lord, Ext.P2 was issued even without a
notice to him. However, it is seen that on receipt of Ext.P2,
the tenant has filed Ext.P3 objection before the Tribunal and
presently the petitioner apprehends that without issuing
even a notice to him the Panchayat might implement Ext.P2.
2. If as stated by the petitioner, notice has not been
issued to him, that certainly is a defect, which the
Panchayat has to rectify. Now that, in response to Ext.P2,
the tenant has filed Ext.P3 representation before the
respondent, if is only appropriate that the Panchayat to
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decide the matter, taking into account Ext.P3 and with
notice to the petitioner and the recipient of Ext.P2.
Therefore, directing that the matter shall be decided
by the Panchayat, in the light of Exts.P3 and with notice to
the petitioner and the recipient of Ext.P2, this writ petition is
disposed of. Panchayat shall take a decision as
expeditiously as possible and at any rate within 4 weeks
from the date of receipt of a copy of the judgment. It is
further directed that, until a decision as above shall be
taken by the Panchayat, further proceedings for the
implementation of Ext.P2 shall be kept in abeyance.
ANTONY DOMINIC
JUDGE
vi.
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