IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 2ND NOVEMBER 2009 / 11TH KARTHIKA 1931 WP(C).No. 26851 of 2008(V) -------------------------- PETITIONERS: --------------- A.T.SASIDHARAN NAIR, AGED 54 YEARS, S/O.THANKAPPAN NAIR, KOCHUKALAYIL, CHERUKOL MURI, CHERUKOL VILLAGE, CERUKOL P.O., NARANGANAM, PATHANAMTHITTA DISTRICT. BY ADV. SRI. K.SHAJ SRI.SAJJU.S RESPONDENT(S): --------------- NARANGANAM GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY. ADV. SRI.C.UNNIKRISHNAN (KOLLAM) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 26851/08 PETITIONER'S EXHIBITS : EXT.P1 TRUE COPY OF NOTICE NO.C4-120/07 D5.13.3.2008 ISSUED BY THE NARANGANAM GRAMA PANCHAYAT TO THE PETITIONER EXT.P2 TRUE COPY OF THE OBJECTION DT.14.3.2008 FILED BY THE PETITIONER BEFORE THE RESPONDENT PANCHAYAT EXT.P3 TRUE COPY OF THE JUDGMENT DT.18.3.2008 IN WPC NO.9209/08 OF THE HON.HIGH COURT OF KERALA EXT.P4 TRUE COPY OF THE NOTICE DATED 29.08.2008 ISSUED BY THE RESPONDENT TO THE PETITIONER TRUE COPY PA TO JUDGE THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.26851 OF 2008 ------------------------------------------- Dated this the 2nd day of November, 2009 JUDGMENT Following Ext.P3 judgment, the panchayat stood obliged to hear the petitioner before taking a final decision on the show cause notice calling upon the petitioner to demolish an alleged illegal construction. Even without such judgment, the panchayat was duty bound to hear the petitioner. Though the impugned Ext.P4 shows that it was rendered after issuing the letter dated 25.6.2008, the fact of the matter remains that the registered parcel article addressed by the panchayat was returned with the endorsement, 'no such addressee'. Obviously therefore, the petitioner was not heard or notified in accordance with the law regarding hearing. Hence, the impugned proceedings will continue to remain stayed and the petitioner will appear before the secretary of the grama panchayat on 24.11.2009, on which date, the secretary will fix a date to hear the petitioner and shall, thereupon, hear the petitioner and any other person entitled to WPC.26851/08. Page numbers be heard and issue appropriate final orders in accordance with law. If the decision is against the interest of the petitioner, the reasons thereof shall also be stated so that the petitioner would be entitled to statutory remedies. The writ petition is ordered as above. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.3/11.