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2020 Supreme(Online)(KER) 45779

HIGH COURT OF KERALA
N. NAGARESH, J
T.C.NOUSHAD – Appellant
Versus
THE ALUVA MUNICIPALITY – Respondent


Advocates:
SRI.T.U.ZIYAD, SMT.RAMEENA.P.K, SRI.V.M.KURIAN

JUDGMENT

The petitioner is before this Court aggrieved by Ext.P11 order of the Tribunal for Local Self Government Institutions, Thiruvananthapuram to the extent it directs the Secretary to the first respondent Municipality to see that the confirmation order already issued under Section 406 (3) of Kerala Municipality Act and which has become final is executed without any necessary delay.

2. The petitioner is engaged in the business of production and sale of bakery items and restaurant respectively in a shopping complex at Aluva. The petitioner was served Ext.P3 notice dated 19.04.2008 of the respondent - Municipality, directing the petitioner to remove the alleged illegal construction made by the petitioner. Subsequently, the respondent confirmed Ext.P3 proposal as per Ext.P6 order dated 27.09.2008. By Ext.P6 order, the petitioner was required to remove the alleged illegal construction and report the same before the respondent-

Municipality, failing which the Municipality was to take necessary steps to demolish the illegal construction and recovering expenses therefor from the petitioner.

3. Aggrieved by Exts.P3 and P6, the petitioner filed Appeal No. 809/2009 before the Tribunal for

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