IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 28TH MAY 2008 / 7TH JYAISHTA 1930 WP(C).No. 10146 of 2008(G) -------------------------- PETITIONER: ------------ JOHNY, S/O.OUSEPH, KAKKANATTUPARAMBIL HOUSE, MOOCHIKKAL, ERUMAMUNDA, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENTS: ------------- 1. THE CHUNGATHARA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, CHUNGATHARA, MALAPPURAM DISTRICT. 2. SULOCHANA, D/O.THAMU, KIZHAKKUVEETIL HOUSE, MOOCHIKKAL, ERUMAMUNDA, MALAPPURAM DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J ----------------------------------------------------------------- W.P.(C).NO.10146/2008 ----------------------------------------------------------------- Dated this the 28th day of May, 2008 JUDGMENT Exts.P1 and P2 orders issued under Section 238 of the Panchayat Raj Act is under challenge. By these two communications, petitioner has been directed to cut and remove the rubber trees and teak that is grown in the petitioner's property on the basis it was harmful to the rubber planted in the second respondent's property. It would appear that the first respondent has passed the aforesaid orders on the basis of a communication issued by the Revenue Divisional Officer, Perinthalmanna, about which reference is made in Exts.P1 and P2. 2. Though several contentions have been raised in the writ petition challenging the validity of Exts.P1 and P2, I feel that, interference is called for on Exts.P1 and P2 for the only reason that those orders were issued without 2 notice or hearing to the petitioners. Thus the orders are liable to be held as issued in violation of the principles of natural justice. 3. Though notice has ordered in the writ petition as early as on 26.3.2008 and have been served on the respondents, nobody has been entered appearance to dispute the correctness of the averments made by the petitioner regarding the violation of the principles of natural justice. In view of the a undisputed facts as above, accepting the contention of the learned counsel for the petitioner that Exts.P1 and P2 are issued in violation of the principles of natural justice, I quash Exts.P1 and P2. The first respondent is directed to issue notice to the petitioner herein and pass revised orders in this matter. This shall be done by the first respondent, at any rate, within 6 weeks from the date of receipt of a copy of this judgment. Writ Petition is disposed of as above. ANTONY DOMINIC JUDGE vi. 3