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2013 Supreme(Ker) 791

S.SIRI JAGAN
ANSARUDEEN E. – Appellant
Versus
RIBUNAL FOR LOCAL GOVERNMENT INSTITUTION, TVM. – Respondent


Advocates Appeared:
For the Appellant : K. Subash Chandra Bose
For the Respondent: M.K. Chandra Mohandas, S.K. Balachandran, N.D. Deepa, P. George William

JUDGMENT :

S. Siri Jagan, J.

The petitioner is in occupation of a shop room within the jurisdiction of the Kollam Corporation. Originally he started as a tenant of the building. The petitioner now claims that by virtue of an agreement for sale and by part performance thereof, he has become entitled to proprietary rights over the same by virtue of Section 53A of the Transfer of Property Act. The door of the shop room was originally comprised of wooden planks. By passage of time, according to the petitioner, the same became unsafe for protection of the shop room. Therefore, he replaced the same by rolling shutters. On the ground that he did not obtain a permit from the Corporation for replacing the door of the shop room, proceedings were initiated and by Ext. P9, the petitioner has been directed to demolish the rolling shutters installed by the petitioner. Against the said order of the Secretary of the Corporation, the petitioner filed an appeal before the Tribunal for Local Self Government Institutions, which was dismissed by Ext. P13. The petitioner is challenging Exts. P9 and P13 orders in this writ petition. The contention of the petitioner is that replacing wooden planks with roll






























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