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Puttuvakkadan Narayana Kurup, v. the Koodali Grama Panchayat

Kerala HC6 Dec 2021WP(C)/21451/2021

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a writ petition challenging a preliminary order to demolish alleged unauthorized constructions. Upholding principle of audi alteram partem, the Court directed respondents to consider petitioner's representation and allow additional objections before passing final orders.

What did the court decide?

Directing respondents to consider petitioner's representation, permit additional objections within ten days, and pass a final order after hearing petitioner within one month.

Puttuvakkadan Narayana Kurup, Vs the Koodali… — Municipal and Town Planning | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE T.R.RAVI

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MONDAY, THE 6^TH DAY OF DECEMBER 2021 / 15TH AGRAHAYANA, 1943

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WP(C) NO. 21451 OF 2021

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PETITIONER:

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PUTTUVAKKADAN NARAYANA KURUP, AGED 82 YEARS S/O.KANNAN NAMBIAR, PADMALAYAM, KOVOOR, PATTANNOOR, THALASSERY, KANNUR DISTRICT-670 595. BY ADVS. M.KIRANLAL MANU RAMACHANDRAN R.RAJESH (VARKALA) T.S.SARATH SAMEER M NAIR VISHNU MOHAN SABIKH MOHAMMED V.S GEETHU KRISHNAN HARSHA SUSAN SAM

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RESPONDENTS:

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1 THE KOODALI GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, KOODALI GRAMA PANCHAYAT, KANNUR DISTRICT-670 592.

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2 THE SECRETARY, KOODALI GRAMA PANCHAYAT, KOODALI, KANNUR DISTRICT-670 592. 3 ADDL.R3.RAJAN SOUGHT TO BE IMPLEADED BY ADV P.NARAYANAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 21451 OF 2021

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T.R. RAVI, J.

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-------------------------------------------- W. P. (C). No. 21451 of 2021

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Dated this the 6^th day of December, 2021

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JUDGMENT

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The writ petition has been filed challenging Ext.P7, whereby a preliminary order to demolish the alleged unauthorized constructions made by the petitioner was issued. The learned counsel appearing for the respondents submitted that Ext.P7 is only a preliminary order and a show cause notice, on which the petitioner can file his objections, and he can be heard and the final decision can be taken. Petitioner has already filed Ext.P6 representation.

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The writ petition is hence disposed of directing the respondents to consider the contentions raised by the petitioner in Ext.P6 as answer to Ext.P7 notice and pass orders. Since Ext.P7 has been issued subsequent to Ext.P6, the petitioner is permitted to file additional objections to Ext.P7 within 10 days. The respondents shall

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pass final orders within one month from the date of receipt of the objections to be submitted by the petitioner. The order shall be

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WP(C) NO. 21451 OF 2021

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passed after hearing the petitioner and other affected parties. If physical hearing is not possible, the hearing may be on virtual mode. The parties shall either appear personally or through authorised representatives.

Sd/-

T.R.RAVI JUDGE

WP(C) NO. 21451 OF 2021

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APPENDIX OF WP(C) 21451/2021

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PETITIONER'S EXHIBITS

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Exhibit P1	THE TRUE COPY OF THE BUILDING TAX RECEIPT FOR THE YEAR 2000-2001.
Exhibit P2	THE TRUE COPY OF THE CASH RECEIPT DATED 31.12.2020 FOR BUILDING REGULARIZATION.
Exhibit P3	TRUE COPY OF THE PROPERTY TAX RECEIPT FOR THE YEAR 2018-2019.
Exhibit P4	THE TRUE COPY OF THE RENT DEED DATED 08.08.2000.
Exhibit P5	A TRUE COPY OF THE ORDER NO.A2/2135/21 DATED 17.04.2021 ISSUED BY THE RESPONDENTS.
Exhibit P6	A TRUE COPY OF THE REPRESENTATION SENT BY THE PETITIONER TO THE SECRETARY OF THE PANCHAYATH.
Exhibit P7	A TRUE COPY OF THE ORDER DATED 03.06.2021 OF THE RESPONDENTS.
Exhibit P8	A TRUE COPY OF THE INTIMATION DATED 22.07.2021 ISSUED BY THE RESPONDENTS.
Exhibit P9	A TRUE COPY OF THE PHOTOGRAPH OF THE SHOP ROOM OF THE PETITIONER.

Puttuvakkadan Narayana Kurup, v. the Koodali Grama Panchayat

Case brief

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What did the court decide?

Puttuvakkadan Narayana Kurup, v. the Koodali Grama Panchayat

Case brief

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