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E.Balakrishnan Nair vs State Of Kerala

High Court Of Kerala|19 December, 2014
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JUDGMENT / ORDER

The petitioner has filed this writ petition challenging Ext.P4 order passed by the third respondent directing demolition of the wall constructed by the petitioner. According to the petitioner, the copy of Ext.P4 was not served on him. He has obtained a copy thereof only on 1.12.2014, on application submitted under the Right to Information Act, 2005. It is also contended that the petitioner was not given any notice as stipulated by law, nor was he heard before Ext.P4 was passed. 2. Adv.P.V.Surendranath appears for respondents 2 and 3.
The learned Government Pleader appears for the first respondent.
3. Since Ext.P4 does not show that any notice to the petitioner had preceded the same, the same cannot be treated as a final order. The same shall therefore be treated as a provisional order. The petitioner shall be at liberty to submit his objections 2 W.P.(C).No.34504 of 2014 to Ext.P4 within a period of two weeks from today. If such objections are submitted, they shall be considered by the second respondent and final orders shall be passed thereon, after afford an opportunity of being heard to the petitioner.
This writ petition is therefore disposed of, directing the petitioner to submit his objections to Ext.P4 within a period of two weeks from today and further directing the second respondent to consider such objections and afford an opportunity of being heard to the petitioner as well as the fourth respondent and pass appropriate orders in the matter, as expeditiously as possible and at any rate, within a period of six weeks of the date of receipt of the petitioner's objections. All further action based on or Ext.P4 shall be kept in abeyance, till final orders are passed in accordance with the above direction.
rkc.
Sd/-
K.SURENDRA MOHAN, JUDGE.
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Title

E.Balakrishnan Nair vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
19 December, 2014
Judges
  • K Surendra Mohan
Advocates
  • Sri
  • G Sreekumar