Petition for the quashing of notice of illegal demolition
M.S. Abdul Sathar Vs The Kasargod Municipality & Others
M.S. Abdul Sathar, the petitioner is the father of mentally challenged girl under whose name a land has been leased out since 2009 and a shop is being run in this land. As per the claims of the petitioner he had paid the license fee for the land and it was valid for the entire year of 2015. But notices were issued for the closing and demolition of the shop on 3rd August and 8th October respectively, resulting in the father sending appeals to the sub collector for the consideration of his application for extending his license for which he has already paid for, as it is the only source of income which was used to pay for all medical expenses. The petitioner approached the high court for quashing the notification and the matter had been stayed by writ petition No.WPC 2839/2016, but was dismissed on default on 5th December 2016. Documents supporting all claims of payment and bills paid have been attached.
The grounds upon which the petitioners arguments have been made are the Principles of Natural Justice and section 42 of the Persons with Disabilities and Equal Opportunities Act which would be violated. Section 42 of the Persons with Disabilities and Equal Opportunities Act provide for affirmative actions to be taken so as to provide people with disabilities opportunities to favor them. The petitioner also claims malafide intention and violation of natural justice on the part of the Municipality as he has never defaulted in payments of fees or any bills and there has been no reason to evict the lessee.
The case is pending before the court.
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