V.V. ABRAHAM Vs. CHENGANNUR MUNICIPALITY CHENGANNUR

JUDGEMENT

(1.) The captioned writ appeals are materially connected filed by the petitioners in W. P. (C) Nos. 21493 of 2012 and 21512 of 2012 challenging the common judgment of the learned Single Judge dtd. 16/2/2017 whereby the writ petitions were dismissed. The appellants are the landlord and tenant of a building bearing door No. XIV/536 of Chengannur Municipality respectively.

(2.) The subject issue raised in W. A. No. 874 of 2007 is in regard to the action initiated by the Secretary of the Chengannur Municipality, the 2nd respondent, under Sec. 406 of the Kerala Municipality Act, 1994 dealing with demolition or alteration of building works unlawfully commenced, carried on, or completed, and also challenging Exhibit P8 final order passed under Sec. 406 (3) of Act 1994 directing the revenue inspector, to take action to demolish the unauthorised construction, and other consequential actions thereto.

(3.) The appellant in the connected writ appeal, the tenant, had filed the writ petition challenging the cancellation of D and O license granted to conduct a supermarket, by the Secretary of the Municipality, apparently invoking power under Sec. 447(3) of the Kerala Municipality Act, 1994, in consequence to the order passed against the landlord as above.