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2018 Supreme(Online)(KER) 24843

HIGH COURT OF KERALA
ANU SIVARAMAN, J
MR K C BABU @ VARGHESE – Appellant
Versus
THE CHIEF OEPRATING OFFICER – Respondent


JUDGMENT

The petitioner has approached this Court seeking the following reliefs:

“i. to issue a writ of mandamus or any other appropriate directions compelling and commanding the second respondent to pass an order on merits on Exhibit P13 submission in accordance with law and to take an appropriate decision as per law, within a time frame that this Hon'ble Court may consider reasonable.

ii. to quash the Exhibit P10 order of the 3rd respondent not to restrain the 5th respondent from demolishing the existing structure of the petitioner.”

2. Heard learned counsel for the petitioner and the learned Standing Counsel for the National Highway Authority of India.

It is submitted by learned counsel for the petitioner that the respondents are taking action to demolish the constructions made by the petitioner after obtaining due permission from the Authority.

A counter affidavit has been filed on behalf of respondents 2 and 3, wherein it is submitted that statutory notice has been issued to the petitioner to show cause why action shall not be initiated for demolishing the unauthorised constructions abutting the Highway. It is stated that the objections to be preferred by the petitioner against Exhi

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