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High Court of KeralaWA/1507/2015dismissed

Abdul Jaleel v. Sub Inspector Of Police, Nedupuzha Police Station

2015-07-15Honourable Mr.Justice A.M.Shaffique,Honourable The Chief Justice Mr.Ashok Bhushan4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE WEDNESDAY, THE 15TH DAY OF JULY 2015/24TH ASHADHA, 1937 WA.No. 1507 of 2015 IN WP(C).13729/2015 -------------------------------------------- AGAINST THE ORDER IN WP(C) 13729/2015 DATED 27-05-2015 ..............

APPELLANT/PETITIONER :

---------------------------- ABDUL JALEEL, AGED 48 YEARS, S/O. BAPPU KUNJI, RESIDING AT MAYAM VEETTIL HOUSE, KOORKANCHERRY P.O., KANNAMKULANGARA, THRISSUR DISTRICT - 7.

BY ADV. SRI.P.A.CHANDRAN RESPONDENTS/RESPONDENTS :

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1. SUB INSPECTOR OF POLICE, NEDUPUZHA POLICE STATION, THRISSUR DISTRICT - 680 001.

2. DISTRICT POLICE CHIEF, THRISSUR CITY - 680 001.

3. REVENUE DIVISIONAL OFFICER, COLLECTORATE, THRISSUR DISTRICT - 680 003.

4. THE SECRETARY, THRISSUR MUNICIPAL CORPORATION, THRISSUR - 680 001.

5. M.S. SANKARANARAYANAN, ATTUPARAMBIL HOUSE, P.O. KARUVANNUR, THRISSUR DISTRICT - 680 711.

6. M.S. ARUN, ATTUPARAMBIL HOUSE, P.O. KARUVANNUR, THRISSUR DISTRICT - 680 711.

7. A.A. ABDUL LATHEEF, S/O.ABDULLA, ATTUPARAMBIL HOUSE, P.O. KARUVANNUR, THRISSUR DISTRICT - 680 711.

R1 TO R3 BY SR.GOVERNMENT PLEADER, SRI. P.I. DAVIS. R4 BY SRI.K.P.VIJAYAN,SC,THRISSUR CORPORATION R5 & R6 BY DR.K.P.SATHEESAN(SR.) ADV. SRI. ANOOP V. NAIR R7 BY SMT.K.LATHA SMT.HAJARA MOHINUDHEEN THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 15-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ASHOK BHUSHAN, Ag.C.J. & A.M. SHAFFIQUE, J.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A. No. 1507 OF 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of July, 2015

JUDGMENT

Ashok Bhushan, Ag.C.J.

This writ appeal has been filed against the order dated 27.05.2015 passed in W.P.(C) No.13729 of 2015. The impugned order is an interlocutory order passed during the pendency of the writ petition. Petitioner had come up with the writ petition alleging violation in the construction by respondents 5 to 7. Learned Single Judge has initially passed an interim order which was clarified by order dated 27.05.2015 to the effect that the 4th respondent may inspect the site and ascertain whether the construction is legal or illegal on the basis of the sanctioned plan and if the ongoing construction is on the basis of the sanctioned plan, respondents 5 to 7 shall be allowed to continue with the construction.

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2. We do not find any error in the order passed by learned Single Judge to exercise the appellate jurisdiction. The writ petition being pending, it is open for the petitioner to pray for such relief as may be permissible under law. With the above observation, the Writ Appeal is dismissed.

Ashok Bhushan, Acting Chief Justice.

A.M. Shaffique, Judge.

ttb/15/07

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