IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
WEDNESDAY, THE 2ND DAY OF JUNE 2021 / 12TH JYAISHTA, 1943
WP(C) NO. 11688 OF 2021
PETITIONER:
SALLY PIUS
0
AGED 51 YEARS
W/O PIUS PETER, PANAMPARAMBIL, ARANKULA PO,
MALLAPPUZHASSERRY, PATHANAMTHITTA - 689532.
BY ADVS.
SRI.A.RAJASIMHAN
SRI.VYKHARI.K.U
SRI.V.AYYAPPADAS
RESPONDENTS:
1 MALLAPPUZHASSERY GRAMA PANCHAYAT
PUNNAKKADU PO, PATHANAMTHITTA - 689652. REP. BY ITS
SECRETARY.
2 SECRETARY, MALLAPPUZHASSERRY GRAMA PANCHAYAT, PUNNAKKADU
PO., PATHANAMTHITTA - 689652.
BY ADV. SHRI. JOSEPH GEORGE, SC.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.06.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
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W. P. (C) No.11688 of 2021
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Dated this the 2nd day of June, 2021
JUDGMENT
Aggrieved by the order issued by the second respondent-Secretary, directing demolition of the petitioner's house, the petitioner has filed Ext.P10 appeal before the first respondent and the same is pending consideration. The apprehension of the petitioner is that, pending the appeal the house may be demolished.
2. Heard the learned counsel for the petitioner and also Sri.Joseph George, the learned Standing Counsel for the respondents.
3. I deem it only appropriate and just that pending consideration of the appeal preferred by the petitioner, status quo with regard to the house be maintained.
Accordingly the writ petition is disposed of directing the first respondent to dispose of Ext.P10 appeal with due notice to and after hearing the petitioner, within a period of three months W. P. (C) No.11688 of 2021 -: 2 :- from the date of receipt of a copy of this judgment. In the meanwhile, the building in question shall not be demolished.
Sd/-
SATHISH NINAN JUDGE kns/-
//True Copy// P.S. to Judge WP(C). 11688/2021 APPENDIX PETITIONER'S EXTS:-
EXT.P1 TRUE COPY OF THE SETTLEMENT DEED NO.1013/1998 OF KOZHENCHERY SUB REGISTRAR OFFICE. EXT.P2 TRUE COPY OF THE LAND TAX RECEIPT DATED 17.05.21 ISSUED BY THE VILLAGE OFFICER, MALLAPPUZHASSERY. EXT.P3 TRUE COPY OF THE PROPERTY TAX RECEIPT DT. 22.2.19 ISSUED BY THE 2ND RESPONDENT.
EXT.P4 TRUE COPY OF THE POSSESSION CERTIFICATE DT.
03.06.2014 ISSUED BY THE VILLAGE OFFICER, MALLAPPUZHASSERRY.
EXT.P5 TRUE COPY OF THE NOTICE DATED 10.05.21 ISSUED BY THE 2ND RESPONDENT ISSUED TO THE PETITIONER. EXT.P6 TRUE COPY OF THE PETITIONER'S OBJECTION DT. 14.5.21 SUBMITTED BEFORE THE 2ND RESPONDENT. EXT.P7 TRUE COPY OF THE PETITIONER'S APPLICATION DATED 22.5.21.
EXT.P8 TRUE COPY OF THE REPLY DATED 25.5.21 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXT.P9 TRUE COPY OF THE NOTICE DT. 25.5.21 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXT.P10 TRUE COPY OF THE PETITIONER'S APPEAL DATED 27.5.21 SUBMITTED BEFORE THE 1ST RESPONDENT. EXT.P11 TRUE COPY OF THE PETITIONER'S STAY PETITION DATED 27.5.21 SUBMITTED BEFORE THE 1ST RESPONDENT. EXT.P12 TRUE COPY OF THE RECEIPT DATED 28.05.21 ISSUED BY THE 2ND RESPONDENT.
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