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Suchithra Ganesan vs Kundara Grama Panchayat Represented By Its Secretary

High Court Of Kerala · Decided on 13 October 2021 · Citation: (2021) 10 KL CK 0090

HON’BLE JUDGES
Anu Sivaraman, J
CASE NUMBER
Writ Petition (C) No. 22027 Of 2021

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Judgment

6 paragraphs · 211 words

Anu Sivaraman, J

1.

This writ petition is filed challenging Exhibit P9 order issued by the 2nd respondent directing the demolition of the alleged unauthorized construction made by the petitioner.

Heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondents.

2.

It is submitted by the learned counsel appearing for the petitioner that Exhibit P9 order has been issued against he petitioner without complying the due procedure and without considering Exhibit P7 reply given by the petitioner to Exhibit P6 notice.

3.

The learned Standing Counsel appearing for the respondent Panchayath submits that Exhibit P9 is an appealable order and that the contentions raised by the petitioner are essentially factual in nature.

Having considered the contentions advanced, I am of the option that, since statutory appeal is provided under Section 276 of the Kerala Panchayath Raj Act,1994, the petitioner has to avail the said statutory remedy. However, in view of the fact that orders have been issued directing immediate demolition of the construction, there will be an interim stay of further proceedings pursuant to Exhibit P9 for a period of three weeks to enable the petitioner to approach the LSGD Tribunal with an appeal under Section 276(4) of the Kerala Panchayath Raj Act, 1994.