IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 1680 of 2007(Y)
1. SRI.RAJAN PANICKER, AGED 48 YEARS,
... Petitioner
Vs
1. THE KOLLAM CORPORATION
... Respondent
2. THE TOWN PLANNING OFFICER,
For Petitioner :SRI.P.GOPAL
For Respondent : No Appearance
The Hon'ble MR. Justice PIUS C.KURIAKOSE
Dated :30/03/2007
O R D E R
PIUS C. KURIAKOSE, J.
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W.P.(C) No. 1680 OF 2007
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Dated this the 30th day of March, 2007
JUDGMENT
Sri.M.K.Chandramohan Das, Standing Counsel for the
Corporation submits that after all, Ext.P2 is only a provisional order and
the same will not be finalised before the Corporation considers Ext.P3
objections filed by the petitioner. But Mr.P.Gopal, counsel for the
petitioner submits that even during the pendency of this Writ Petition, a
building inspector attached to the Corporation on the basis of whose
report Ext.P2 was issued, came over to the building and threatened the
petitioner that the building will be demolished immediately.
2. Considering the submissions addressed before me, the Writ
Petition will stand disposed of issuing the following directions:
The Corporation will furnish a copy of the building inspector’s
report on the basis of which Ext.P2 provisional order was issued to the
petitioner. Immediately thereafter, the Corporation will take up Ext.P3
objections and additional objections, if any, which may be submitted by
the petitioner to Ext.P2, hear the petitioner on Ext.P3-objection and the
additional objections and take a decision as to whether Ext.P2 should
be finalised. If the Corporation decides to pass final orders directing
WPC No. 1680/2007
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demolition, those orders shall be communicated to the petitioner and the
demolition shall be effected only after expiry of 7 days of
communication of the order.
PIUS C. KURIAKOSE, JUDGE
btt
WPC No. 1680/2007
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