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Anish Rahim vs Secretary on 6 March, 2009

Kerala High Court
Anish Rahim vs Secretary on 6 March, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 15656 of 2006(L)


1. ANISH RAHIM, S/O. ABDUL RAHIM,
                      ...  Petitioner

                        Vs



1. SECRETARY,
                       ...       Respondent

2. PAIPPAD GRAMA PANCHAYATH,

3. SECRETARY,

4. SUPERINTENDENT,

                For Petitioner  :SRI.P.A.MOHAMMED SHAH

                For Respondent  :SRI.VARGHESE C.KURIAKOSE

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :06/03/2009

 O R D E R
                       S. SIRI JAGAN, J.
                ------------------------------------
                  W.P.(C)No.15656 OF 2006
              ----------------------------------------
               Dated this the 6th day of March, 2009

                           JUDGMENT

The issue involved in this writ petition is a dispute regarding

the validity of a construction made by the petitioner. The

impugned orders have been passed based on a certificate issued

by the Survey Authority. Now the petitioner submits that against

that order, the petitioner had filed Ext.P9 before the

Superintendent of Survey, who has now issued Ext.P14

subsequent to the passing of the impugned orders. But Ext.P14

could not be considered and orders passed in view of the

pendency of this writ petition. The Panchayat has also issued

Ext.P16, wherein the Secretary has been authorised to take

appropriate steps in accordance with the orders of this Court.

2. I am of opinion that now that Ext.P14 has been issued

by the District Superintendent of Survey and Land Records,

Kottayam, regarding the land and the construction made thereon,

the Secretary of the Panchayat shall consider Ext.P15 in the light

W.P.(c)No.15656/06 2

of Ext.P14 and pass appropriate orders after hearing all parties

concerned. There would be an order to that effect which shall

be passed as expeditiously as possible, at any rate, within a

period of one month from the date of receipt of a copy of this

judgment.

The writ petition is disposed of as above.

S. SIRI JAGAN, JUDGE

Acd

W.P.(c)No.15656/06 3

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