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2022 Supreme(Online)(KER) 62850

HIGH COURT OF KERALA
ANISH.S – Appellant
Versus
THE SECRETARY – Respondent


Advocates:
['C A NAVAS', '', 'T K SASIKUMAR', 'PRAISHEEL PRAKASAM', 'K E AZEENA', 'NIDHIN RAJ VETTIKKADAN', 'V ABRAHAM MARKOS', 'ABRAHAM JOSEPH MARKOSISAAC THOMASALEXANDER JOSEPH MARKOSSHARAD JOSEPH KODANTHARA']

JUDGMENT

Ajithkumar, J.

The issues involved in these writ petitions are similar.

Therefore, we dispose of these writ petitions by this common judgment.

W.P.(C) No.19282 of 2021

2. The petitioner is running a tea shop near Valliyamkavu Temple in Peruvanthanam Village. The shop is situated in the property rented out to her by the 3rd respondent. After obtaining necessary permission and licence from all the authorities concerned, she had begun the business. However, the 2nd respondent issued Ext.P4 notice dated 08.09.2021 asking the petitioner to demolish the building, where she has been conducting the tea shop, invoking the provisions of Section 235(W)(5) and 236(5)(A) of the Kerala Panchayat Raj Act, 1994. The petitioner filed O.S.No.277 of 2015 against the 3rd respondent and obtained an order of injunction against her forcible dispossession. The 3rd respondent also filed a suit as O.S.No.155 of 2016 seeking a mandatory injunction to eject the petitioner from the said premises. Ignoring the order of injunction and the fact that the petitioner has complied with all the statutory requirements in the matter of conduct of the tea shop, respondents 1 and 2 issued Ext.P4, which is illegal. Ac

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