KOCHI: The owner of a flat in Maradu which is slated for demolition on Thursday approached the Kerala High Court challenging the order of the municipal secretary directing to vacate the flat along with movables in the wake of the Supreme Court order to demolish four apartment complexes.
The court will consider the case on Friday.The petition was filed by 65-year-old Captain K K Nair who said he was suffering from renal failure and was undergoing dialysis thrice a week. He is a resident of Holy Faith H2O apartment.He sought a directive not to evict him and his family without adopting the due process of law and without issuing a prior notice.
It is alleged that he was being forcefully evicted from his flat in violation of basic principles of natural justice and fundamental rights guaranteed to him under the Constitution.If Maradu Municipality wants to evict him from his flat, it should have issued a notice and given a reasonable opportunity to show cause as to why he should not be evicted and should have been given an opportunity of being heard. These are the basic principles of natural justice, the petition said.
Further, the petitioner argued that he had not committed any crime for depriving the fundamental rights guaranteed to him and that he could not be punished for the lapses and negligence on the part of government officials and the builder. He purchased the flat in compliance with all the laws prevailing and after paying all the taxes, registration fee, etc. to the government and the local body, he contended.