Sally Pius vs Mallappuzhassery Grama ...
2021 Latest Caselaw 12694 Ker

                 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.
         ==================
              W. P. (C) No.11688 of 2021
         ==================
          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

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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