IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 25TH AUGUST 2011 / 3RD BHADRA 1933 WP(C).No. 23169 of 2011(U) -------------------------- PETITIONER: --------------- NOUSHAD, AGED 45 YEARS, S/O. ABDUL HAMEED, RESIDING AT BUSHARA MANZIL, MULLAKKAL, ALAPPUZHA. BY ADV. MR.TOJAN J. VATHIKULAM RESPONDENTS: --------------- 1. ALAPPUZHA MUNICIPALITY, REPRESENTED BY ITS SECRETARY. 2. THE SECRETARY, ALAPPUZHA MUNICIPALITY, ALAPPUZHA DISTRICT. ADV.MR.M.K.CHANDRAMOHANDAS, SC FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 23169 of 2011(U) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: BUILDING PLAN. EXT.P2: SHOW CAUSE NOTICE AND PROVISIONAL ORDER. EXT.P3: REPLY SUBMITTED TO EXT.P2 PROVISIONAL ORDER. RESPONDENTS' EXHIBITS: NIL ..... // TRUE COPY // P.A TO JUDGE. HARUN-UL-RASHID, J. ------------------------ W.P.(C).No.23169 Of 2011 ---------------------- Dated this the 25th day of August, 2011. J U D G M E N T Heard the learned counsel for the petitioner and standing counsel for the respondents. 2. The writ petition is filed seeking to quash Ext.P2 provisional order and for other incidental reliefs. The petitioner submits that he and other co-owners submitted Ext.P3 reply to the show cause notice repudiating all the allegation in the provisional order and they have prayed for an opportunity of being heard before a final decision is taken in the matter. The grievance of the petitioner is that the 2nd respondent has not so far considered the reply to show cause notice and even before passing the final order, respondents are compelling the petitioner and others to demolish the building and threatening coercive steps. 3. The learned standing counsel for the respondents on instructions submitted that the final order is yet to be passed and that the petitioner and other affected parties, if any, will be afforded an opportunity of being heard before passing final order. ::2:: W.P.(C).No.23169 Of 2011 4. In the facts and circumstances, the respondents, before passing final order, shall consider the objection raised by the petitioner and afford an opportunity of being heard. In the meanwhile, all further steps initiated in pursuance to Ext.P2 provisional order shall be kept in abeyance till the passing of the final order. The writ petition is disposed of as above. HARUN-UL-RASHID, Judge. bkn/-