IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 8TH AUGUST 2008 / 17TH SRAVANA 1930 WP(C).No. 23543 of 2005(C) -------------------------------------- PETITIONER: ------------------- V. VIJAYAKUMAR, AGED 42 YEARS, S/O. VISWANATHAN, VALUVILAKATH VEEDU, NEDUMANGAD, TRIVANDRUM. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR SMT.RESHMI POULOSE RESPONDENTS: ----------------------- 1. THE NEDUMANGAD MUNICIPALITY REP. BY ITS SECRETARY, NEDUMANGAD, TRIVANDRUM. 2. THE TAHSILDAR, NEDUMANGAD, TRIVANDRUM. 3. THE GOVERNMENT OF KERALA REP. BY SECRETARY, REVENUE DEPARTMENT, TRIVANDRUM. GOVERNMENT PLEADER SRI.NOBLE MATHEW FOR R1 TO 3 SRI.P.RAMAKRISHNAN SC, NEDUMANGAD MUNICIPALITY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.23543/2005 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE PARTITION DEED NO.1285/2002 OF SRO, NEDUMANGAD. EXT.P2:- COPY OF THE PROPERTY. EXT.P3:- COPY OF THE NOTICE NO.A5-8085/05 DT. NIL. EXT.P4:- COPY OF THE NOTICE DT. 5.8.2005 ISUED BY IST RESPONDENT. /TRUE COPY/ P.A. TO JUDGE tss KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.23543 OF 2005 --------------------------------------- Dated this the 8th day of August, 2008. J U D G M E N T Challenge is on Exhibits P3 and P4 by which the petitioner has been asked to demolish the construction. The main dispute is regarding service of notice. The stand taken by the respondents is that notice had already been served by affixture. There is a serious dispute on that. Be that as it may, since the petitioner only wants a hearing, this writ petition is disposed of as follows: 2. Petitioner will present himself before the second respondent on 22.09.2008. The first respondent will also be present on that day before the second respondent. Thereafter, the second respondent, considering the contentions taken by the petitioner and the first respondent, will pass fresh orders ignoring the orders already passed. Orders as above shall be passed within another one month. Any construction effected in the meanwhile will be subject to the order thus passed by the second respondent. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No. 23543 OF 2005 J U D G M E N T 08.08.2008