This writ petition challenged a demolition order impugned as made under Section 406(3) of the Municipalities Act. The court dismissed the petition by digging the petitioner avail statutory remedies while continuing the interim order for six weeks.
Petitioners dismissed and relegated to statutory remedies; interim order continued for six weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE
WEDNESDAY, THE 4TH APRIL 2007 / 14TH CHAITHRA 1929
WP(C).No. 7316 of 2007(U) -------------------------
PETITIONER:
BY ADV. SRI.A.SUDHI VASUDEVAN
SRI.JOJO VARGHESE
SMT.S.SHEEJA KUMARY(AYOOR)
RESPONDENTS:
BY ADV.SRI.M.K.CHANDRAMOHAN DAS- SC KOLLAM MUNICIPALITY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/04/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PIUS C. KURIAKOSE, J.
W.P.(C) No.7316 2007 U
Dated this the 4th day of April, 2007.
JUDGMENT
Ext.P4 order impugned in this writ
petition is a final order of demolition under Section 406(3) of the Municipalities Act.
Obviously, the petitioners are having statutory remedies against Ext.P4. The Municipality has filed a statement justifying their action. It is stated therein that the petitioners have filed applications for permit only after completing the construction.
Whatever that be, I dispose of this writ petition by relegating the petitioners to avail their statutory remedies. However, the interim order presently passed will continue for six more weeks from today.
Sd/- (PIUS C. KURIAKOSE) JUDGE
sk/
//true copy//
P.S. To Judge
PIUS C. KURIAKOSE, J.
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W.P.(C) No.7316 2007 U
JUDGMENT
4th April, 2007.
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1 issue framed by the court
Whether to admit or dispose of the writ petition challenging the demolition order under Section 406(3) of the Municipalities Act.
1 provisions across 1 enactments
D. Raj Kumar
G. Thampy
Smt. Manju
Secretary, Corporation of Kollam
The Chairman, Works Standing Committee, Council of Kollam Corporation
Pius C. KuriaKose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
