Disposed

Smt Roji Robinson v. the State of Kerala

Kerala HC16 Feb 2023WP(C)/819/2023

Case brief

AI extract

What is this about?

In WP(C) No. 819 of 2023, the High Court of Kerala directed the respondent Panchayat to treat the petitioner's demolition order as a show-cause notice, finalize it after hearing all parties, and keep further proceedings in abeyance pending such decision.

What did the court decide?

Writ petition disposed of; direction to treat demolition order as show-cause notice, afford hearing, and keep proceedings in abeyance.

Smt Roji Robinson Vs the State of Kerala — Landlord and Tenant | Kerala HC (2023)

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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 VIJU ABRAHAM

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THURSDAY, THE 16^TH DAY OF FEBRUARY 2023 / 27TH MAGHA, 1944

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WP(C) NO. 819 OF 2023

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PETITIONER:

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SMT ROJI ROBINSON AGED 27 YEARS W/O JINESH, ROJI BHAVAN, PADAPPAKKARA. P O., KOLLAM DISTRICT. KERALA., PIN - 691503 BY ADVS. T.R.RAJAN ALAN J YOGYAVEEDU

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RESPONDENTS:

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1 THE STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

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2 THE PERAYAM GRAMA PANCHAYATH MULAVANA P.O., KOLLAM DISTRICT. REPRESENTED BY IT'S SECRETARY, PIN - 691503

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3 THE SECRETARY THE PERAYAM GRAMA PANCHAYATH, MULAVANA P.O., KOLLAM DISTRICT, PIN - 691503

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4 SMT PREETHA NEDUVILA HOUSE, KARIKKUZHI, PADAPPAKKARA. P O. KOLLAM DISTRICT. KERALA, PIN - 691503 BY ADV M.R.SASITH GP – SRI. SYAMANTHAK B.S.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C). No.819 of 2023

: 2 :

VIJU ABRAHAM, J.

- - - - Dated this the 16^th day of February, 2023

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JUDGMENT

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The petitioner challenges Ext.P6 order, wherein the petitioner was directed to demolish the unauthorised construction undertaken by her. The petitioner submits that the said order was passed based on a false complaint preferred by the 4^th respondent in retaliation to the complaint preferred by the petitioner, as is evident from Ext.P5. It is also submitted by the petitioner that she has preferred Ext.P7 reply to Ext.P6 notice.

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Heard the learned counsel for the petitioner and the learned Standing counsel for the respondent Panchayat.

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The learned standing counsel for the 2^nd respondent Panchayat submitted that further proceedings in the matter will be taken only after considering the objection filed by the petitioner.

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Considering the facts and circumstances of the case, the writ petition is disposed of with a direction to the 2^nd respondent Panchayat to treat Ext.P6 as a show-cause notice and finalise the same after affording an opportunity of being heard to the petitioner and also the 4^th respondent. It is further directed that till a decision

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W.P.(C). No.819 of 2023

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: 3 :

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is taken as directed above by the 2^nd respondent, all further proceedings pursuant to Ext.P6 shall be kept in abeyance.

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With the aforesaid directions, the writ petition is disposed of.

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Sd/- VIJU ABRAHAM JUDGE

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sm/

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W.P.(C). No.819 of 2023

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: 4 :

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APPENDIX OF WP(C) 819/2023

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PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LANDTAX RECEIPT DATED 20/9/2022 ISSUED BY THE VILLAGE FIELD ASSISTANT, PERAYAM VILLAGE Exhibit P2 TRUE COPY OF THE LANDTAX RECEIPT DATED 20/9/2022 ISSUED BY THE VILLAGE FIELD ASSISTANT, PERAYAM VILLAGE IN FAVOUR OF THE PETITIONER'S FATHER ROBINSON AND MOTHER OMANA Exhibit P3 TRUE COPIES OF PHOTOGRAPHS (2NOS) Exhibit P4 TRUE COPY OF THE RECEIPT DATED 3/12/2022 ISSUED BY THE 2ND RESPONDENT Exhibit P5 TRUE COPY OF THE PETITION DATED 13/12/2022 SUBMITTED BY THE PETITIONER'S MOTHER OMANA BEFORE THE 3RD RESPONDENT Exhibit P6 TRUE COPY OF THE ORDER NO 400312/BADD01/GPO/2022/3398(1) DATED 31/12/2022 ISSUED BY THE 3RD RESPONDENT Exhibit P7 TRUE COPY OF THE OBJECTIONS DATED NIL SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT

Smt Roji Robinson v. the State of Kerala

Case brief

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Smt Roji Robinson v. the State of Kerala

Case brief

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