High Court Kerala High Court

Koshy Cherian vs The Mallappally Grama Panchayath on 29 October, 2008

Kerala High Court
Koshy Cherian vs The Mallappally Grama Panchayath on 29 October, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 31642 of 2008(P)


1. KOSHY CHERIAN, S/O.CHERIAN,
                      ...  Petitioner

                        Vs



1. THE MALLAPPALLY GRAMA PANCHAYATH,
                       ...       Respondent

2. THE DEPUTY DIRECTOR OF PANCHAYATH

3. THE DIRECTOR OF PANCHAYATH,

4. STATE OF KERALA, REPRESENTED BY THE

                For Petitioner  :SRI.M.V.THAMBAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :29/10/2008

 O R D E R
                        S.SIRI JAGAN, J
                 ==================
                  W.P(C)No. 31642 of 2008
                 ==================
        Dated this the 29th day of October, 2008.

                       J U D G M E N T

The petitioner’s grievance in this writ petition is that the

1st respondent – Panchayat is seeking to evict the petitioner

from the shop room allotted to the petitioner without issuing

notice or hearing him.

2. I have heard the learned standing counsel appearing

for the 1st respondent Panchayat also. I am satisfied that the

petitioner cannot be evicted from the shop room except after

issuing him a notice to show cause and hearing him on the

same.

Accordingly, this writ petition is disposed of with a

direction to the 1st respondent that the petitioner shall not be

evicted from the shop room in question except after issuing a

notice and affording an opportunity of being heard to the

petitioner, that too for valid reasons.

S.SIRI JAGAN, JUDGE

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