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High Court of KeralaWP(C)/31235/2015disposed of

Mary Xavier v. The Maradu Municipality

2015-10-14Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE 14TH DAY OF OCTOBER 2015/22ND ASWINA, 1937 WP(C).No. 31235 of 2015 (D) ---------------------------- PETITIONER:

-------------------------- MARY XAVIER, AGED 69 YEARS W/O. LATE XAVIER, THATTASSERIYIL HOUSE NEAR LAKESHORE HOSPITAL NETTOOR POST ERNAKULAM BY ADV. SRI.DENIZEN KOMATH RESPONDENTS:

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

MARADU MUNICIPALITY MARADU, ERNAKULAM, REPRESENTED BY ITS SECRETARY - 682 304 2.

SIJU, THATTASSERIYIL HOUSE NEAR LAKESHORE HOSPITAL, NETTOOR POST ERNAKULAM - 682 506 3.

VIJU, THATTASSERIYIL HOUSE NEAR LAKESHORE HOSPITAL, NETTOOR POST ERNAKULAM - 682 506 4.

BIJU THATTASSERIYIL HOUSE NEAR LAKESHORE HOSPITAL, NETTOOR POST ERNAKULAM - 682 506 R1 BY ADV. SRI.T.R.RAJAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 31235 of 2015 (D) APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1 TRUE PHOTOCOPY OF THE REQUEST PREFERRED BY THE PETITIONER BEFORE THE 1ST RESPONDENT EXHIBIT P2 TRUE PHOTOCOPY OF THE RECEIPT RESPONDENT(S)' EXHIBITS:- NIL --------------------------------------- /TRUE COPY/ P.A.TO JUDGE DCS

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 31235 OF 2015 ---------------------------------------- Dated this the 14th day of October, 2015

JUDGMENT

The petitioner confines her relief to an early consideration of Ext. P1 representation pending with the first respondent. The same pertains to the alleged unauthorised construction proposed by respondents 2 to 4 even encroaching into a pathway. The merits of the claim made by the petitioner is ofcourse a matter to be decided by the first respondent.

2.

I direct the first respondent to consider Ext. P1 representation with notice to the petitioner as well as respondents 2 to 4. The needful shall be done within a period of one month from the date of receipt of a copy of this judgment.

The writ petition is disposed of.

V. CHITAMBARESH JUDGE DCS