An Appeal is Non-maintainable Against a Vacation Notice Issued After Confirmation Order for Demolition of Unlawful Building

In Sathi Kumari v. The Secretary, Corporation of Thiruvananthapuram and Ors. [2024: KER:47545], the High Court of Kerala addressed the issue whether a ‘vacation notice’ issued after a confirmation order under Section 406(3) of the Kerala Municipality Act, 1994 (KMA), can be challenged under Section 509(6) of the KMA.

The High Court reasoned that since the petitioner did not challenge the initial confirmation order issued under Section 406 (3) of the KMA, within the stipulated time, the subsequent Vacation Notice issued merely for informational purpose cannot be appealed against.

The High Court upheld the Local Self Government Tribunal’s decision that the appeal against the Vacation Notice was not maintainable.

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