High CourtsSingle Bench

Rihanna Nazar vs Thaliparambu Municipality, Rep. By Its Secretary, Municipal Office, Thaliparambu P.O, Kannur District, Pin: 670141

High Court Of Kerala · Decided on 15 June 2021 · Citation: (2021) 06 KL CK 0224

HON’BLE JUDGES
T. R. Ravi, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 12111 Of 2021

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Judgment

12 paragraphs · 220 words

T.R.Ravi, J

1.

The Writ Petition has been filed challenging Ext.P1 notice, whereby the petitioner has been directed to remove certain construction which according

to the respondents is unauthorised and to report the same within 7 days. The case of the petitioner is that such a direction has been issued even

without hearing the petitioner and without any prior notice.

2.

Learned counsel for the respondents on instructions submitted that Ext.P1 is only a notice. A reading of Ext.P1 would suggest that the Municipality

has already decided that the portion of the building which is directed to be removed is illegal construction. Such a decision cannot be taken without

notice to the petitioner, who is the affected person.

3.

In the above circumstances, this Writ Petition is disposed of, directing that Ext.P1 will be treated as a show cause notice directing the petitioner to

show cause why the said portion of the building should not be directed to be demolished. The petitioner shall submit her objections treating Ext.P1 as a

show cause notice within three weeks from the date of receipt of a certified copy of this judgment. The respondents shall thereafter consider the

objections and take a decision on the issue after hearing the petitioner within a further period of one month.

The Writ Petition is disposed of accordingly.