IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 5450 of 2007(W)
1. SHAMSUDEEN, S/O.PAREED,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. ALANGAD GRAMA PANCHAYAT,
3. IBRAHIM, S/O.KUNJU MOHAMED,
For Petitioner :SRI.T.M.KOCHUNNI
For Respondent : No Appearance
The Hon'ble MR. Justice PIUS C.KURIAKOSE
Dated :20/02/2007
O R D E R
PIUS C. KURIAKOSE, J.
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W.P.(C) No. 5450 OF 2007
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Dated this the 20th day of February, 2007
JUDGMENT
Under Ext.P6 order passed by the 2nd respondent-Panchayat, a
building constructed by the petitioner and to which the Panchayat had
previously assigned a door number is ordered to be removed
(demolished). The reasons stated in Ext.P6 is that the petitioner could
secure number for the building from the Panchayat only by
misrepresenting to the Panchayat. Learned Counsel for the petitioner,
Mr.T.M.Kochunni, would submit that there has been no
misrepresentation or fraud on the part of the petitioner. Whatever that
be, I am of the view that the petitioner shall invoke his statutory
remedies against Ext.P6 before invoking this Court’s constitutional
jurisdiction.
Under these circumstances, the Writ Petition will stand disposed
of relegating the petitioner to remedy by way of appeal. However, there
will also be a direction to the Panchayat not to take any compulsory
action for demolition or removal of the building in question for a period of
one month from today.
PIUS C. KURIAKOSE, JUDGE
btt
WPC 2