High Court Kerala High Court

Leela vs State Of Kerala on 30 May, 2008

Kerala High Court
Leela vs State Of Kerala on 30 May, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 15683 of 2008(P)


1. LEELA, W/O.SAKTHIDHARAN, AGED 62 YEARS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY THE
                       ...       Respondent

2. PARAVUR MUNICIPALITY, REP. BY ITS

3. THE SECRETARY,

4. A.R.KRISHNAN, S/O.RAMAN,

                For Petitioner  :SRI.DINESH MATHEW J.MURICKEN

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :30/05/2008

 O R D E R
                         ANTONY DOMINIC, J.

                 = = = = = = = = = = = = = = = =
                   W.P.(C) No. 15683 OF 2008 - P
                 = = = = = = = = = = = = = = = =

                    Dated this the 30th May, 2008


                            J U D G M E N T

Petitioner is aggrieved by Ext. P1, an order requiring

demolition of a structure which is described as an irregular

construction. According to the petitioner, he has filed Ext. P2 and

despite that, without taking a final decision, attempt is being made

to implement Ext. P1 and that led the petitioner to file this writ

petition.

2. I heard the Standing Counsel who entered appearance on

behalf of the respondent Municipality. Counsel rightly submits

that Ext. P1 will be treated as a provisional order under Section 406

(1) and taking into account Ext. P2 objection filed by the petitioner,

final order in this matter in terms of Section 406(3) will be passed

with notice to the petitioner.

3. In view of the above, directing that further proceedings

pursuant to Ext. P1will be kept in abeyance until orders are passed

above, this writ petition is disposed of.

ANTONY DOMINIC
JUDGE
jan/-