IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 13TH OCTOBER 2008 / 21ST ASWINA 1930 WP(C).No. 29294 of 2008(K) -------------------------- PETITIONER(S): --------------- 1. VAMADEVAN, S/O RAMANKUTTY, THEKKINKARA PUTHENVEETIL, NOW AT TC 14/692,PALAYAM NANDAVAN, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM. 2. SUNATHA W/O VAMADEVAN, DO.........DO.......... BY ADV. SRI.DINESH R.SHENOY RESPONDENT(S): -------------------- THE THIRUVANANTHAPURAM MUNICIPAL CORPORATION, O/O THIRUVAANTHAPURAM MUNICIPAL CORPORATION, REP. BY THE SECRETARY, THIRUVANANTHAPURAM. SRI. P.K. MANOJ KUMAR – SC FOR TVM CORPORATION. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.29294 OF 2008 ---------------------------------------- Dated this the 13th day of October, 2008 JUDGMENT The petitioners obtained a permit for making some additional construction in the existing building in their property by Ext.P1 Building Permit. Subsequently, on account of some complaint, the Corporation issued a stop memo pursuant to which the petitioners submitted a revised plan and fresh application, which were considered and Ext.P3 revised Building Permit was issued. The same was cancelled by Ext.P5 order. The petitioners are challenging Ext.P5 order inter alia on the ground that the petitioners have not been given a notice or hearing before passing Ext.P5 order. 2. I have heard the learned Standing Counsel for the respondent also. 3. The learned Standing Counsel could not satisfy me that Ext.P5 order was passed after notice and hearing to the petitioner. That being so, Ext.P5 is clearly violative of principles of natural justice. Accordingly, Ext.P5 is quashed. It would be W.P.(C)No.29294/08 2 open to the respondent to take fresh proceedings in accordance with law, after affording an opportunity of being heard to the petitioners, if they still wish to proceed further in the matter. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE Acd W.P.(C)No.29294/08 3