IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY ,THE 15TH DAY OF JANUARY 2019 / 25TH POUSHA, 1940
WP(C).No. 11990 of 2015
PETITIONER:
C.K. MOIDU
AGED 68 YEARS
S/O. MOHAMMED, CHARUPADIKAL KARAAT,
ANDHIYURKUNNU AMSOM, MOZHANGALLUR DESOM,
KONDOTTY TALUK, PALLIKAL.P.O.,
MALAPPURAM DISTRICT-673634.
BY ADVS.
SRI.K.M.FIROZ
SMT.M.SHAJNA
SRI.S.KANNAN
RESPONDENTS:
1
THE SECRETARY,
PALLIKKAL GRAMA PANCHAYATH
P.O. PALLIKKAL, MALAPPURAM DISTRICT-673634.
2
PALLIKKAL GRAMA PANCHAYATH
P.O. PALLIKKAL, MALAPPURAM DISTRICT-673634,
REPRESENTED BY ITS SECRETARY.
3
PALLIKKAL BAZAR JUMA MASJID MAHALLU COMMITTEE
P.O. PALLIKKAL, MALAPPURAM DISTRICT, KERALA,
REPRESENTED BY ITS PRESIDENT.
BY ADVS.
SRI.HARISH R. MENON
SRI.K.T.SHYAMKUMAR
ADV.SRI.K.SASIKUMAR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
15.01.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 11990 of 2015
2
The petitioner has filed this writ petition seeking to set aside
Ext.P1 notice and also to direct the first respondent to consider
Ext.P2 objection submitted by the petitioner against the direction to
remove the alleged illegal construction.
2.
The petitioner states that Ext.P1 notice was given by the
Secretary of the Panchayat to the petitioner directing the petitioner to
remove the illegal construction activities made by the petitioner. It is
the case of the petitioner that the petitioner has not made any illegal
construction and has acted only within the frame work of law.
3.
When this writ petition came up for admission, this Court
passed an interim order on 10.4.2015 suspending Ext.P1 as an
interim measure. This Court directed the petitioner that the petitioner
shall not indulge in any fresh construction.
4.
The petitioner states that the petitioner has filed Ext.P2
objection against Ext.P1 notice and any further proceedings pursuant
to Ext.P1 without considering Ext.P2 objection of the petitioner will
3
cause irreparable injury to the petitioner.
5.
I
have heard learned counsel for the petitioner as also
the learned counsel for the Panchayat.
6.
In the facts and circumstances of the case this writ petition
is disposed of directing the respondents 1 and 2 to consider Ext.P2
objection filed by the petitioner. Till the Panchayat takes a decision
after hearing the petitioner as indicated above, the interim order
passed by this Court will enure to the benefit of the petitioner.
The writ petition is disposed of accordingly.
Sd/-
N.NAGARESH
JUDGE
4
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1
A TRUE COPY OF THE NOTICE NO. A1-2600/15
DATED 6-4-2015 ISSUED TO THE PETITIONER
BY THE 1ST RESPONDENT ALONG WITH ENGLISH
TRANSLATION.
EXHIBIT P2
A TRUE COPY OF THE OBJECTION DATED
7-4-2015 SUBMITTED BY THE PETITIONER
BEFORE THE 1ST RESPONDENT ALONG WITH
ENGLISH TRANSLATION.
EXHIBIT P3
A TRUE COPY OF THE RECEIPT DATED 7-4-2015
ISSUED BY THE 1ST RESPONDENT.
dlk/15.01.19
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