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2019 Supreme(Ker) 679

ANIL K.NARENDRAN
Shali P. W/o Dr. Unnikrishnan – Appellant
Versus
State of Kerala, Rep. by the Chief Secretary – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Sri. V.G. Arun, Smt. Indulekha Joseph, Sri. Neeraj Narayan.
For the Respondents: Sri. N. Nandakumara Menon, Sri. P.K. Manojkumar, Sri. Manu Raj K.J.

JUDGMENT :

ANIL K. NARENDRAN, J.

1. The petitioner, who is stated to be the owner in possession of 4 Ares 5 Sq. Mtr. of property comprised in Re-survey No. 53/½ of Vizhinjam Village in Neyyattinkara Taluk, covered by Ext.P1 sale-deed No. 1513/2018 dated 22.10.2018 of the Sub-Registrar Office, Venganoor has filed this writ petition under Article 226 of the constitution of India, seeking a writ of mandamus commanding the 3rd respondent, who is the Secretary of the 2nd respondent Corporation to exercise his powers under sub-section (3) of Section 367 of the Kerala Municipality Act, 1994 and summarily evict the encroachment of the 4th respondent DYFI Kovalam Unit, within a time frame to be fixed by this Court. The petitioner has also sought for a writ of mandamus commanding the 3rd respondent to consider Ext.P4 representation dated 27.02.2019, after hearing the petitioner within a time limit to be fixed by this Court.

2. Going by the averments in the writ petition, the property covered by Ext.P1 sale-deed is being used as a parking area for an Ayurvedic Hospital run by the petitioner's husband. The employees as well as patients coming to that hospital are using that parking area. The said

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