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K.K.Velayudhan

High Court Of Kerala|01 October, 2014
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JUDGMENT / ORDER

The petitioner had purchased an item of property and has been in possession and enjoyment thereof, ever since the purchase. According to the petitioner, when two persons tried to encroach upon the property, O.S.No.127 of 2010 was filed before the Munsiff's Court, Chavakkad and an order of injunction was obtained, which is Ext.P3, the suit is pending. The petitioner had earlier approached this Court by filing W.P.(C) No.30334 of 2012, when a vegetable shop was attempted to be started in the property. Ext.P4 is the judgment in the said writ petition. According to the petitioner, the present attempt of the fourth respondent is to permit another party to set up a shop, dealing in garments, in the property. The petitioner has, therefore, submitted Ext.P7 complaint to the third respondent. According to the petitioner, no action has been taken on Ext.P7 till date. 2. Since Ext.P7 is pending consideration of the third W.P.(C).No.25590 of 2014 2 respondent, it is sufficient that this writ petition is disposed of, directing the said complaint to be considered. The authority can also consider the contentions of the fourth respondent. In the above view of the matter, I do not consider it necessary to issue notice to the respondents in this writ petition. The learned Government Pleader appears for the first respondent.
This writ petition is, therefore, disposed of directing the third respondent to consider Ext.P7 complaint in accordance with law, after affording an opportunity of being heard to the petitioner, the second respondent as well as the fourth respondent and pass appropriate orders thereon, as expeditiously as possible and at any rate within a period of one month of the date of receipt of a copy of this judgment.
Sd/-
K.SURENDRA MOHAN, JUDGE.
rkc.
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Title

K.K.Velayudhan

Court

High Court Of Kerala

JudgmentDate
01 October, 2014
Judges
  • K Surendra Mohan
Advocates
  • Smt