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2023 Supreme(Online)(KER) 32336

HIGH COURT OF KERALA
MURALI PURUSHOTHAMAN, J
MUHAMMED ABDUL FAZIL – Appellant
Versus
KOZHIKODE MUNICIPAL CORPORATION – Respondent


Advocates:
For the Appellants/Petitioners: V. HARISH RAJAN, VISHNURAJ
For the Respondents: V. KRISHNA MENON, B.S. SYAMANTHAK

JUDGMENT

The petitioners state that they are joint owners of property having an extent of 46.3 cents in Chevayur village and desom of Kozhikode Taluk. The petitioners submitted Ext.P1 representation dated

13.01.2020 before the Secretary of the Corporation against granting of building permit to respondents 4 to 8, in the adjacent property of the petitioners. Since no action was taken thereon, the petitioners approached this Court by filing W .P .(C) No. 12517 of

2020. This Court, by Ext.P2 judgment, disposed of the writ petition with a direction to the 2 nd respondent to consider Ext.P1 representation (Ext.P22 therein) and pass appropriate orders. The relevant paragraphs of

Ext.P2 judgment read as follows:-

“ 5. Without getting into the merits and controversy of the matter, in any manner, it is ordered that the 1st

respondentSecretary of Kozhikode Corporation will take up the matters raised in Ext.P22 representation dated 13.01.2020, and after following a fair procedure and after affording reasonable opportunity of being heard to the petitioners as well to contesting respondents 4 to 7, and should take a considered decision in the matter

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