JUDGMENT

The petitioner has approached this Court challenging Ext.P4 notice issued by the respondent-Municipality. On an earlier occasion, the petitioner has approached this Court by filing WP(C) No.27858 of 2017 challenging the notice issued by the respondent-Municipality, which was disposed of as per Ext.P4 judgment dated 16.11.2020 with the following directions:

“6. As far as the notice issued to Sri. Dileep which is challenged in his writ petition, I am of the view that the notice is legally unsustainable. If the puramboke land has been encroached, the Secretary of the Municipality can only invoke proceedings under the Kerala Land Conservancy Act not under the Kerala Municipality Act . It is only after passing the final orders under the , the encroacher can be evicted. If any construction within the land legally owned, of course, the Municipality can initiate proceedings under Sec. 406 of the . However, in the counter affidavit as well as in the writ petition filed by Dr. Benny Augustine it is stated that Sri. Dileep has enc