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2018 Supreme(Online)(KER) 13626

HIGH COURT OF KERALA
SHAJI P.CHALY, J
ASHRAFUDEEN – Appellant
Versus
THE PERINAD GRAMA PANCHAYAT – Respondent


J U D G M E N T

According to the petitioner, petitioner along with his wife are the absolute owners in possession and enjoyment of 4.650 cents of land lying in Sy.Nos.56/28/2, 56/29/2 and 56/30/2 along with four shop rooms therein. The issue that is raised by the petitioner in this writ petition is concerning Exts.P7 and P8 notices issued by the respondent Panchayat directing the petitioner to submit any reply in respect of the unauthorised construction carried out by the petitioner. From Ext.P8 also, it is evident, prima facie finding of the Panchayat is that, a portion of the building is demolished by the petitioner and remaining portion of the building remaining dangerous to the traffic etc. etc. On receipt of the said notices, petitioner submitted Ext.P9 objection before the Secretary of the Panchayat,which is pending consideration. In my considered opinion, the action that was taken by the Panchayat pursuant to Exts.P7 and P8 have not attained any finality justifying interference of this court under Article 226 of the Constitution of India at this stage of the proceedings. Therefore, in my considered opinion, the writ petition can be disposed of with appropriate directions.

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