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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
NATIONAL TEXTILE CORPORATION LTD SOUTHERN REGIONAL OFFICE – Appellant
Versus
KANNUR MUNICIPAL CORPORATION – Respondent
| Table of Content |
|---|
| 1. legality of demolition notice and necessity for expert opinion. (Para 1 , 2) |
| 2. petitioner’s concerns regarding the eviction process. (Para 3) |
| 3. interim orders and need for further consideration. (Para 4) |
| 4. directions for fair consideration and maintaining status quo. (Para 5) |
JUDGMENT
This Writ Petition (C) is filed seeking the following reliefs:
" (i) Declare that the respondents decision to demolish the building without any expert opinion and without hearing the affected parties is illegal and arbitrary.
(ii) issue a writ of certiorari or any other writ or order quashing Exhibit P3 notice as illegal by calling for a report leading to the issuance of the same.
(iii) issue a writ of mandamus or such other writ or order directing the respondents not to take any action in pursuance of Exhibit.P3 to demolish the building without notice and giving an opportunity of hearing to the petitioner and present their version. "
[SIC]
2. Petitioner is conducting a retail outlet owned by the 1st respondent, Municipality. Petitioner suddenly received Ext.P3, directing to vacate of the premises, stating that the building is in a dilapidated condition. According to the petitioner, there
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