Moosa v. Toffy
Case brief
What is this about?
Demolition of a dangerous tenanted building involved the municipal Secretary's discretion under Section 411. The court partly allowed the landlords' appeal and vacated the direction requiring a week's wait after service of an adverse order on tenants before demolition.
What did the court decide?
Vacated the direction barring demolition until one week after service of an adverse order on the tenants.
What the court decided
'CR'
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
MONDAY, THE 24TH DAY OF FEBRUARY 2020 / 5TH PHALGUNA, 1941
WA.No.303 OF 2020
AGAINST THE JUDGMENT DATED 31.01.2020 IN WP(C) 2843/2020(E) OF HIGH COURT OF KERALA
APPELLANTS/RESPONDENT NOS. 3 TO 5:
- 1 MOOSA
AGED 64 YEARS
S/O.PALLIPARAMBIL MUHAMMED, RESIDING AT 7/248, CHENDRAPPINI VILLAGE DESOM, CHENDRAPPINI P.O., THRISSUR680 687.
Issues for consideration
1 issue framed by the court
Could the court require a week's delay before demolition after service of an adverse order on tenants, fettering the Secretary's discretion under Section 411?
Parties & counsel
- appellant
MOOSA
- appellant
SUBAIDA
- appellant
ISMAIL
- respondent
TOFFY
- respondent
GEORGE
- respondent
Case details
As recorded by the court registry
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