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2021 Supreme(Ker) 908

SHAJI P.CHALY
Venkitachalam Iyer, S/o. Subrhamanya Iyer – Appellant
Versus
State of Kerala, Represented by its Secretary to the Department of Local Self Government Institutions, Government Secretariat – Respondent


Advocates Appeared:
For the Petitioner: Sri. P.C. Haridas.
For the Respondents: Sri. V.M. Kurian, Sri. Mathew B. Kurian, Sri. K.T. Thomas, Sri. Tekchand V., Senior Government Pleader, Sri. Sujith Mathew Jose, SC.

JUDGMENT :

This writ petition is filed by the petitioner seeking to quash Ext. P10 provisional order passed by the Secretary of the Pala Municipality dated 24.05.2010 under Section 406(1) of the Kerala Municipality Act, 1994 ('Act, 1994' for short) directing the petitioner to remove the illegal constructions as is specified thereunder, Ext. P14 final order passed by the Secretary dated 23.11.2010 conforming Ext. P10 provisional order passed under Section 406(3) of the Act, 1994 and Ext. P16 order passed by the Tribunal for Local Self Government Institutions in Appeal No. 1080 of 2010, whereby the appeal filed by the writ petitioner was dismissed confirming Ext. P14 order passed by the Secretary of the Municipality under Section 406(3) of the Act, 1994.

2. Material facts for the disposal of the writ petition are as follows:

Petitioner, owner of an extent of 4 cents of property situated in re-Survey No. 56/33/14 (Block No. 80/6253) of Lalam Village, has carried out construction of a building as per Ext. P1 permit dated 11.06.2007 and Ext. P2 approved plan issued by the Secretary of the Pala Municipality. Ext. P3 is the site plan approved by the Secretary of the Municipality. Based upon

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