IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
K.RAVEENDRAN NAIR – Appellant
Versus
THE THIRUVANANTHAPURAM CORPORATION – Respondent
WP(C) NO. 38521 OF 2024
| Table of Content |
|---|
| 1. prayers made in writ petition. (Para 1) |
| 2. notice regarding alleged encroachment. (Para 2) |
| 3. petitioners allowed to file objections. (Para 3) |
JUDGMENT
The above Writ Petition (C) is filed with the following prayers:
"i. To issue a writ of certiorari quashing the Exhibit P6 notice by the 3rd respondent as the same is unwarranted, illegal, arbitrary, without jurisdiction;
ii. To issue a writ of mandamus, order or any other appropriate writ, order or direction commanding the 3rd respondent to terminate all the proceedings initiated against the petitioners, pending order in OS No. 652/2022 before the Munsiff's Court, Thiruvananthapuram;
iii. To dispense the filing of English Translation of the Malayalam documents produced in this Writ Petition; and iv. To issue such other writ, order or other appropriate direction as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case and in the interest of justice."
[SIC]
2. The petitioners are aggrieved by Ext.P6 notice issued by the 3rd respondent. Ext.P6 is only a notice issued to the petitioners regarding the encroachment of the Corporation road. If the petitioners have any grievance against Ext.P6, the petitioners can file appropriate objection to Ext.P6, and if such an objection is received, there can be a direction to the Corporation authorities to consider the same and pass appropriate orders in it, after giving an opportunity of hearing to the petitioners.
3. At this stage, the counsel appearing for the petitioners submitted that the petitioners are ready to file an objection.
In the light of the above submission, this Writ Petition is disposed of in the following manner:
1. The petitioners are free to file appropriate objection to Ext.P6 within three weeks from the date of receipt of a certified copy of this judgment.
2. If such an objection is received, the competent authority among respondents 1 to 3 will consider the same and pass appropriate orders in it, after giving an opportunity of hearing to the petitioners, as expeditiously as possible, at any rate, within a period of six weeks from the date of receipt of the objection.
3. If the objection is filed as directed above, further coercive steps based on Ext.P6 shall be kept in abeyance till final orders are passed in the objection.
Sd/-
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