The High Court directed the 2nd respondent to consider the petitioner's appeal against an eviction order within two months, after affording an opportunity of hearing, keeping the eviction proceedings in abeyance.
Direction to consider the appeal within two months and keep eviction proceedings in abeyance.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
TUESDAY, THE 20TH DAY OF DECEMBER 2016/29TH AGRAHAYANA, 1938
WP(C).No. 40643 of 2016 (E)
PETITIONER(S) :
SHAMSUDHEEN, MOOLAMPARAMBIL-VELIYATH, HOUSE NO. 97/VI, KUNNUKARA VILLAGE, PARAVUR TALUK, ERNAKULAM DISTRICT.
BY ADVS. SRI.AMEER.K.M.
SRI.M.G.VIJAYAN SRI.MOHANAN NAIR T.K.
RESPONDENT(S) :
1. THE DISTRICT COLLECTOR, ERNAKULAM- 682 030.
2. THE REVENUE DIVISIONAL OFFICER, ERNAKULAM- 682 030.
3. ASSISTANT EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, NORTH PARAVOOR, ERNAKULAM- 683 101.
BY GOVERNMENT PLEADER SMT. VINEETHA HARIRAJ
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-12-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Msd.
WP(C).No. 40643 of 2016 (E)
APPENDIX
PETITIONER(S)' EXHIBITS :
EXHIBIT P1: THE TRUE COPY OF EVICTION NOTICE DATED 14.11.2016.
RESPONDENT(S)' EXHIBITS :
NIL
//TRUE COPY//
P.A.TO JUDGE.
Msd.
K. VINOD CHANDRAN, J.
W.P.(C) No. 40643 of 2016 (E) -----------------------------------------Dated: 20th December, 2016
J U D G M E N T
The petitioner's grievance is that Ext.P7 appeal dated 09.12.2016 against Ext.P1 order of eviction has not been considered till date by the 2nd respondent.
there shall be a direction to the 2nd respondent to consider the appeal, in accordance with law, after affording an opportunity of hearing, within two months from the date of receipt of the certified copy of this judgment. The eviction proceedings shall be kept in abeyance till orders are passed in appeal.
The Writ Petition is disposed of without any observation on merits, which shall be decided by the 2nd respondent.
Sd/K.VINOD CHANDRAN, JUDGE
jjj 20/12/16
1 issue framed by the court
Whether the respondent must consider and decide the petitioner's appeal against the eviction order.
Shamsudheen
The Revenue Divisional Officer, Ernakulam
The District Collector, Ernakulam
Assistant Executive Engineer, Public Works Department
KVinodChandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
