High Court of KeralaWP(C)/29149/2015disposed of

Pavithran v. The State Of Kerala

2015-09-253 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH FRIDAY, THE 25TH DAY OF SEPTEMBER 2015/3RD ASWINA, 1937 WP(C).No. 29149 of 2015 (P) ---------------------------- PETITIONER:

------------------ PAVITHRAN, AGED 58, S/O. KUNJIVELU, POTTA VILLAGE DESOM, MUKUNDAPURAM TALUK, THRISSUR DISTRICT 680 733.

BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENTS:

----------------------- 1.

THE STATE OF KERALA REP. BY THE SECRETARY TO THE GOVT., LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.

THE CHALAKUDY MUNICIPALITY REP. BY ITS SECRETARY, P.O. CHALAKUDY, THRISSUR 680 001.

BY GOVERNMENT PLEADER SMT. K.A. SANJEETHA BY SRI.SHEEJO CHACKO, SC, CHALAKUDY MUNICIPALITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO. 29149/2015 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1 :

A TRUE COPY OF THE PERMISSION GRANTED BY THE SECOND RESPONDENT DATED 01.07.1999.

EXHIBIT P2 :

A TRUE COPY OF THE PLAINT IN OS NO. 109 OF 2012 ON THE FILE OF THE SUB COURT, IRINJALAKUDA DATED 08.02.2012. EXHIBIT P3 :

A TRUE COPY OF THE IA NO. 2256 OF 2015 IN OS NO. 109 OF 2012 DATED 12.08.2015.

EXHIBIT P4 :

A TRUE COPY OF THE UNNUMBERED APPLICATION IN EXT.P2 SUIT DATED 12.08.2015.

EXHIBIT P5 :

A TRUE COPY OF THE ORDER PASSED BY THE SECOND RESPONDENT DATED 20.08.2015.

RESPONDENT(S) EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE.

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 29149 OF 2015 ------------------------------------ Dated this the 25th day of September, 2015

JUDGMENT

Ext.P5 order confirming the provisional order requiring the demolition of the building is very much appealable. An appeal lies to the Tribunal for Local Self Government Institutions. Any appeal filed within three weeks from today shall be dealt with within three months therefrom.

Ext.P5 order shall not be enforced for a period of one month. It is open to the petitioner to seek appropriate interim orders in the appeal if any filed with the tribunal. The Writ Petition is disposed of.

V. CHITAMBARESH JUDGE ncd