IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 26802 of 2010(A)
1. P.M.JOSEPH
... Petitioner
Vs
1. DISTRICT COLLECTOR
... Respondent
For Petitioner :SRI.ANTONY M. AMBAT
For Respondent : No Appearance
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :20/08/2010
O R D E R
T.R. Ramachandran Nair, J.
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W.P.(C) No. 26802 of 2010-A
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Dated this the 20th day of August, 2010.
JUDGMENT
The petitioner is aggrieved by Ext.P12 notice issued by the Secretary
of the Municipality. The issue relates to the alleged encroachment on an
area of land to the extent of 2.19 cents in Survey No.505/10 of Thrikkakara
North Village. It is the case of the petitioner that he has filed Ext.P9 appeal
before the Municipal Council.
2. Learned counsel for the Municipality submitted that the present
proceedings were initiated based on the directions of the learned
Ombudsman and earlier there was a direction by the Municipal Council
itself to the petitioner to challenge the proceedings of the revenue
authorities in appropriate forum, which has not been done so far.
3. In the light of the fact that an appeal has been filed before the
Municipal Council, there will be a direction to the Council to take a
decision on Ext.P9 appeal, within a period of one month from the date of
receipt of a copy of this judgment. Till then, status-quo as on today will be
maintained.
The writ petition is disposed of as above. No costs.
(T.R. Ramachandran Nair, Judge.)
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kav/