IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 1ST JANUARY 2009 / 11TH POUSHA 1930 WP(C).No. 38038 of 2008(C) -------------------------- PETITIONER(S): ----------------------- M.A.SUBAIR, 41 YEARS S/O.AHAMED, MULLAPARAMBIL HOUSE, V.M.B.ROAD, CHANGAMPUZHA NAGAR PO. KALAMASSERY PIN-682033. BY ADV. SRI.M.A.ABDUL HAKHIM SRI.JYOTHISH.J.KALLINGAL RESPONDENT(S): ------------------------- SECRETARY, KALAMASSERY MUNICIPALITY, KALAMASSERY. BY ADV. M.K. ABOOBACKER, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J - - - - - - - - - - - - - - - - - - - - - - - W.P(C)No.38038 of 2008 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of January, 2009 J U D G M E N T The petitioner is challenging Ext.P4 order issued by the 1st respondent, whereby the petitioner has been directed to demolish and vacate alleged encroachment made by the petitioner into a road belonging to the Municipality. Apart from the contention that the petitioner has not encroached into the property of the Municipality. The petitioner raises a contention that before passing Ext.P4 order the petitioner has not been afforded an opportunity of being heard. 2. I have heard the learned Standing Counsel appearing for the respondent who would vehemently contend that in so far as the petitioner has constructed a plat form into the Municipality road. There is no merit in the writ petition. According to the Municipality in view of the encroachment serious difficulties are exercised by the public in the use of the road itself. 3. After hearing both sides, I feel that in so far as the petitioner has not been afforded an opportunity of being heard before passing Ext.P4 order, Ext.P4 suffers from the vise of non compliance with the principles of natural justice. Therefore Ext.P4 order is quashed and the W.P(C)No.38038 of 2008 - 2 - respondent is directed to pass fresh orders in the matter, after affording an opportunity of being heard to the petitioner before taking further action. The writ petition is disposed of as above. S.SIRI JAGAN, JUDGE rhs