IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 12TH JULY 2010 / 21ST ASHADHA 1932 WP(C).No. 20581 of 2010(W) ----------------------------------------- PETITIONER(S): ------------------------- K.M.ABDULLAKUNHI, S/O.AMOO, MARKETKUNNU, KASARAGODE. BY ADVS. SRI.SOJAN MICHEAL, SMT.DHANYA P.ASHOKAN. RESPONDENT(S): --------------------------- 1. THE SECRETARY, KASARAGOD MUNICIPALITY. 2. THE KASARAGOD MUNICIPALITY REPRESENTED BY ITS SECRETARY. 3. K.MUHAMMAD, S/O.KUNHAMAD, KORAKKOD ROAD, KASARAGOD, PIN - 683 641. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss T.R.RAMACHANDRAN NAIR, J. -------------------------------------- W.P.(C) No.20581 OF 2010 -------------------------------------- Dated this the 12th day of July, 2010 J U D G M E N T ~~~~~~~~~~~ The petitioner herein is the owner of 61 cents of land in Market Kunnu situated in Kasargod Municipality. The 3rd respondent is a neighbouring owner of the Eastern Boundary of the petitioner's property. According to the petitioner, he had excavated and removed earth and soil from his property causing sliding of a portion of the land belonging to the petitioner. The petitioner's residential house and some other quarters are rented out to some persons from Tamil Nadu, who are doing all odd jobs in Kasargod town. 2. The petitioner is aggrieved by Ext.P1 order passed by the Secretary of the Kasaragod Municipality, whereby a direction has been issued to evict the occupants and demolish certain buildings, which are stated to be situated in a dangerous condition. W.P.(C) No.20581/2010 2 3. Ext.P2 is the copy of the appeal filed by the petitioner under Section 509 of the Municipalities Act. It is pointed out a stay petition has already been filed subsequently. 4. There will be a direction to the competent authority to take a decision on Ext.P2 appeal, after hearing the petitioner and the 3rd respondent, within two months from the date of receipt of a copy of this judgment. In the meanwhile, the Chairperson of the Municipality will consider the stay petition filed by the petitioner and pass appropriate orders, within one week from the date of receipt of a copy of this judgment. Till orders are passed in the stay petition, further action pursuant to Ext.P1 will be kept in abeyance. The Writ Petition is disposed of as above. (T.R.RAMACHANDRAN NAIR, JUDGE) ps