IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 4TH JULY 2008 / 13TH ASHADHA 1930 WP(C).No. 32494 of 2007(R) --------------------------------------- PETITIONER: ------------------- K.V.ABDUL AZEEZ, AGED 59 YEARS, S/O.KUNHIMOHAMMED, MASTER, KOLLATHARA VALIGUKATH HOUSE, P.O.VENGALLOOR, TIRUR - 676 102. BY ADV. SRI.K.RAMAKUMAR (SR.), ADV. SRI.R.JAYACHANDRAN. RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001 3. THE TIRUR MUNICIPALITY, REPRESENTED BY ITS SECRETARY, TIRUR - 676 101. 4. THE MUNICIPAL ENGINEER, TIRUR MUNICIPALITY, TIRUR - 676 101. BY GOVT. PLEADER SRI. MOHAMMED ANZAR.K.J FOR R1 & R2, ADV. SRI.K.I.ABDUL RASHEED FOR R3 & R4. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/07/2008, ALONG WITH W.P(C). NO. 32849/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.32494/2007-R: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE PERMIT GRANTED TO THE PETITIONER BY R3 DTD. 10/05/2006. EXT.P.2: COPY OF THE ORDER DTD. 12/12/2005 ISSUED BY THE GOVERNMENT. EXT.P.3: COPY OF THE PERMIT DTD. 10/05/2006 ISSUED BY THE MUNICIPALITY. EXT.P.4: COPY OF THE PHOTOGRAPH OF THE COMPLETED BUILDING OF THE PETITIONER. EXT.P.5: COPY OF THE JUDGMENT DTD. 07/11/2005 IN O.P. NO. 8740/1997. EXT.P.6: COPY OF THE ORDER DTD. 01/09/2007 ISSUED BY THE GOVERNMENT. EXT.P.7: COPY OF THE COMMUNICATION DTD. 19/10/2007 ISSUED BY R.4. EXT.P.8: COPY OF THE TAX RECEIPT DTD. 19/04/2007 ISSUED TO THE PETITIONER BY TIRUR MUNICIPALITY. EXT.P.9: COPY OF THE TAX RECEIPT DTD. 14/05/2007 ISSUED TO THE PETITIONER BY THE TAHSILDAR, TIRUR. EXT.P.10: COPY OF THE TAX RECEIPT DTD. 08/10/2007 ISSUED TO THE PETITIONER BY THRIKANDIYOOR VILLAGE OFFICE. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// prv. KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) Nos.32494, 32849 & 34231 of 2007 ---------------------------------------------- Dated 4th July, 2008. J U D G M E N T Petitioners are aggrieved since they have been directed to demolish the buildings constructed by them. Their main contention is that the construction has been made after obtaining necessary sanction from the Government. However, subsequently, the Government has cancelled the sanction. But, such cancellation is without notice to the petitioners. Subsequent to the cancellation only, the Municipality took steps. There is no counter affidavit by the State; however the Municipality has filed a counter affidavit stating that the impugned orders of demolition are passed pursuant to the orders passed by the Government. In the nature of the contentions taken by the petitioners, it is fairly clear that the Government could not have passed the impugned orders without notice to the parties, since the parties have constructed the building only after obtaining sanction from the Government. This is all the more so in view of the submission that once the sanction has already been given and the construction effected according to the sanction, WP NO.32494/07 & connected cases 2 cancellation is not ordinarily permissible and the same is permissible in exceptional circumstances, that too with notice to the parties. The impugned orders are quashed without prejudice to the liberty to the Government to pass fresh orders with notice to the petitioners and the Municipality. The writ petitions are disposed of as above. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) Nos.32494, 32849 & 34231 of 2007 ---------------------------------------------- J U D G M E N T Dated 4th July, 2008.