High CourtsSingle Bench(2021) 02 KL CK 0140

Ansar vs State Of Kerala And Ors

High Court Of Kerala · Decided on 26 February 2021

HON’BLE JUDGES
P.V. Asha, J
RESULT
Allowed
CASE NUMBER
Writ Petition (C) No. 5101 Of 2021

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Judgment

10 paragraphs · 218 words
1.

Petitioner is aggrieved by Ext.P7 notice issued by the 4th respondent directing him to remove a Milma Booth which is near to Mundakkayam Bridge

abutting the N.H.183. According to petitioner the said Booth was constructed on the basis of permission granted by the Government in Ext.P2 to

petitioner's father. Therefore according to petitioner the said Booth cannot be said to be in unauthorized occupation or in encroachment of the National

Highway and there is no violation as alleged in Ext.P7. Pointing out this, petitioner has submitted Ext.P7(a) representation before the 4th respondent.

2.

Petitioner also submits that, despite all these objections, petitioner is willing to vacate the premises provided he is granted sufficient time.

3.

That is a matter which would have to be considered by the 4th respondent.

Therefore, the writ petition is disposed of directing the 4th respondent to consider and pass orders on Ext.P7(a) representation, after affording an

opportunity of hearing to the petitioner, within a period of 'two months' from the date of receipt of a copy of the judgment.

Till such time, petitioner shall be allowed to continue, in view of Ext.P2 order and Ext.P3 communication having regard to the petitioner's willingness to

vacate the premises. The request of the petitioner for granting time to vacate the premises shall also be considered.