IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 21253 of 2009(B)
1. LAKSHMIKUTTY, AGED 51 YEARS,
... Petitioner
Vs
1. THE OKKAL GRAMA PANCHAYAT, REP. BY
... Respondent
2. THE SUB INSPECTOR OF POLICE,
For Petitioner :SRI.SIRAJ KAROLY
For Respondent : No Appearance
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :29/07/2009
O R D E R
THOTTATHIL B. RADHAKRISHNAN, J
...........................................
WP(C).NO. 21253 OF 2009
............................................
DATED THIS THE 29th DAY OF JULY, 2009
JUDGMENT
Notice to first respondent dispensed with, preserving its
right to move for re-hearing of this writ petition, if aggrieved by
the directions contained herein. The learned Government Pleader
appears for the second respondent.
2. The petitioner challenges Ext.P5, a stop memo issued in
relation to a construction and also to demolish certain portions
of the building. Admittedly, the building permit was issued on
19.5.2009. The allegation against the petitioner is that she is
constructing in variance of the plan and permit and has not
maintained the distance as is required from the road. Ext.P5 is
not shown to have been preceded by any other notice.
Accordingly, it is ordered that Ext.P5 will be treated as a notice
and the petitioner’s objection thereto will be considered by the
first respondent and decided upon. It is submitted that Ext.P6 has
already been placed. Let that be considered. Pending
consideration of Ext.P6, it is ordered that demolition order as
Wpc 21253/2009 2
contained in Ext.P5 will stand suspended and the petitioner shall
not carry on any construction in that portion of the building which
is on the side of the road in question. Let a decision follow within
a period of three weeks from the date of receipt of a copy of this
judgment and a copy of this writ petition. Petitioner shall place
such material before the first respondent at the earliest.
THOTTATHIL B RADHAKRISHNAN,
JUDGE
lgk/30/7