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2026 Supreme(Online)(Ker) 6449

IN THE HIGH COURT OF KERALA AT ERNAKULAM
VIJU ABRAHAM, J
BINURAJ – Appellant
Versus
THE DEPUTY DIRECTOR OF PANCHAYATH – Respondent


Advocates:
For the Appellants/Petitioners: SMT.DAISY IRENE DANIEL, SMT.M.M.BABY, SRI.N.K.SHYJU, SMT.M.B.SHYNI, SRI.DEEPAK RAJ
For the Respondents: SRI.GEORGE MATHEW, SRI.M.D.SASIKUMARAN, SRI.S.PRAVEEN, SRI.DIPU JAMES, SRI.K.V.GEORGE, GP – SMT. NIMA JACOB

JUDGMENT

W.P(C) No.29612 of 2019 is filed seeking implementation of Ext.P3 order dated 22.06.2019, whereby the 3rd respondent, who is the petitioner in W.P.(C)No.2103 of 2020 was directed to remove the encroachment. W.P.(C)No.2103 of 2020 is filed challenging Ext.P1 order, which is the subsequent order issued referring to Ext.P3 order, produced in W.P.(C)No.29612 of 2019, wherein the petitioner was directed to remove the unauthorised construction.

2. The learned counsel appearing for the respondent Panchayat submits that the allegation noted in Ext.P1, produced in W.P.(C) No.2103 of 2020, is regarding laying of sheet over the building, encroaching upon the public road and thereby causing serious disturbance to user of the road. I am of the view that it is for the petitioner in W.P.(C) No.2103 of 2020 to challenge Ext.P1 order in appropriate proceedings.

3. Taking into consideration the above facts and circumstances, these writ petitions are disposed of as follows: If Ext.P1 order, produced in W.P.(C) No.2103 of 2020, has not been challenged by the petitioner therein in appropriate proceedings within a period of one month from the date of receipt of a copy of this judgment, the respon

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