IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 16674 of 2008(I)
1. C.N.ACHUTHAN NAIR,
... Petitioner
Vs
1. THE CORPORATION OF THIRUVANANTHAPURAM
... Respondent
For Petitioner :SRI.K.B.PRADEEP
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :04/06/2008
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO. 16674 OF 2008 I
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Dated this the 4th day of June, 2008
J U D G M E N T
Against Ext.P1 notice issued to the petitioner, petitioner has filed
Ext.P2 appeal and Ext.P3 stay petition which are pending consideration of
the Tribunal for Local Self Government Institutions as Appeal No.257/08.
In the meanwhile, petitioner apprehends that the respondent might
implement Ext.P1 by demolishing the structure and hence the writ petition
has been filed for appropriate reliefs.
2. I heard the senior counsel who entered appearance on behalf
of the respondent also.
3. Having regard to the facts as stated above, I feel it is only
proper that until the Tribunal decides atleast on the stay petition, further
proceedings on Ext.P1 should be deferred. Therefore, I dispose of this writ
petition with the following directions.
1) That the Tribunal for Local Self Government Institutions shall
consider and pass orders on IA 532/08 in Appeal No.257/08 filed by the
petitioner as expeditiously as possible, at any rate within one month.
2) It is directed that in the meanwhile further proceedings
WPC 16674/08
:2 :
pursuant to Ext.P1 will stand stayed on condition that the petitioner shall
not undertake any further construction on the strength of this interim
order. In case the petitioner violates the condition imposed as above, it
will be open to the respondent to take appropriate action in the matter.
Petitioner shall produce a copy of this judgment before the Tribunal
for compliance.
ANTONY DOMINIC,JUDGE.
Rp