The High Court of Kerella dismissed the writ appeal, dismissing the last petition to vacate a building. The court directed the appellant to vacate by 10.2.2009, after which the Panchayat may demolish without further notice.
Appeal dismissed; Appellant directed to vacate premises by 10.2.2009 else building may be demolished.
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 HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI
FRIDAY, THE 30TH JANUARY 2009 / 10TH MAGHA 1930
WA.No. 144 of 2009()
-------------------AGAINST THE JUDGEMENT/ORDER IN WPC.30670/2008 Dated 28/11/2008
APPELLANT(S): PETITIONERS:
-----------------------------------------------
1. M.B.RADHAKRISHNAN, S/O.BALAKRISHNAN, AGED 45 YRS,MUNDACHERY HOUSE,KORUMBISSERY, IRINJALAKUDA, THRISSUR.
2. MANOJKUMAR, S/O VASUDEVAN,AGED 30 YEARS, CHERIYIL HOUSE, IRINJALAKUDA, THRISSUR.
BY ADV. SRI.R.DIVAKARAN
RESPONDENT(S): RESPONDENTS:
-----------------------------------------------------
1. KAIPAMANGALAM GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY,KAIPAMANGALAM.P.O,THRISSUR DISTRICT.
2. DEPUTY DIRECTOR OF PANCHAYATH,THRISSUR DISTRICT.
3. SECRETARY TO LOCAL SELF GOVERNMENT, SECRETARIAT,THIRUVANANTHAPURAM.
BY GOVERNMENT PLEADER SMT. K.MEERA
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 30/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Kss
J.B.KOSHY, Ag.C.J. & V.GIRI, J.
W.A.No.144 of 2009
Dated 30th January, 2009
JUDGMENT
Koshy, Ag.C.J .
Learned single Judge allowed the petitioners to continue in the rooms till the date when the Panchayat intends to demolish the shopping complex. Panchayat was also asked to give a week's notice and petitioner voluntarily agreed that he will vacate without making any objection. Even though judgment was passed on 26th November, 2008, only on 9.1.2009 10 days' notice was issued. We see no ground in this appeal. However, as a last chance, petitioner is allowed time up to 10.2.2009 and if petitioners are not voluntarily vacated on that date, the Panchayat is entitled to demolish the building without any further notice.
The appeal is dismissed with the above directions.
J.B.KOSHY ACTING CHIEF JUSTICE
V.GIRI
tks
M.B.Radhakrishnan and Another
Kaipamangalam Grama Panchayath and Others
J.B.Koshy
V.Giri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
