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2026 Supreme(Online)(Ker) 16833

IN THE HIGH COURT OF KERALA AT ERNAKULAM
VIJU ABRAHAM, J
GAYATHRI THULASI – Appellant
Versus
THE ATTINGAL MUNICIPALITY – Respondent


Advocates:
For the Appellants/Petitioners: SRI.M.R.ANANDAKUTTAN, SMT.M.A.ZOHRA, SRI.MAHESH ANANDAKUTTAN, SMT.SHREEJI R. NAIR
For the Respondents: SRI.SIJU KAMALASANAN, SC, SRI.M.ABDUL RASHEED

Table of Content
1. petition for action against unauthorized construction. (Para 1 , 2)
2. discussion on compliance and claims of removal. (Para 3)

JUDGMENT

The petitioner has approached this Court seeking a direction to respondents 1 and 2 to take necessary action to demolish the illegal and unauthorised construction of the 3rd respondent made in violation of the Kerala Municipality Act and Building Rules as noticed in Ext.P5 order dated

03.03.2020.

2. A perusal of Ext.P5 would reveal that a provisional order has already been issued to the 3rd respondent to remove the unauthorised construction. The grievance raised by the petitioner is that no further action pursuant to the provisional order has been taken by the respondent-

Municipality.

3. The learned Counsel for the respondent-Municipality submits that after the issuance of the provisional order, the 3rd respondent has removed all the encroachments. However, the learned Counsel for the petitioner refuted the said submission and submits that the encroachments are still existing in the property.

Taking into consideration the above facts and circumstances, this writ petition is disposed of as follows:

(i) Respondents 1 and 2 shall conduc

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