IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 29TH OCTOBER 2010 / 7TH KARTHIKA 1932 WP(C).No. 31300 of 2010(J) -------------------------- PETITIONER(S): -------------------- SASEENDRAN, S/O PARAMESWARAN, AGED 34 YEARS, PAZHAMPILLI HOUSE, AYYAMPILLY POST, KUZHUPPILLY VILLAGE, ERNAKULAM. BY ADV. SRI.DENIZEN KOMATH SRI.SHERRY J. THOMAS RESPONDENT(S): ----------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, MINISTRY FOR LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DEPUTY DIRECTOR OF PANCHAYAT, OFFICE OF PANCHAYAT DEPUTY DIRECTORATE OFFICE, ERNAKULAM. 3. KUZHUPPILLY GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY, AYYAMPILLY POST, ERNAKULAM- 682 501. 4. AUGUSTINE, CHAKKALAKKAL HOUSE, CHERUVYPPU, AYYAMPILLY POST, ERNAKULAM. ADV. SRI.H.B.SHENOY,SC,KUZHUPPALLY G.PANCHAY FOR R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 31300 OF 2010 (J) ===================== Dated this the 29th day of October, 2010 J U D G M E N T Petitioner is aggrieved by Ext.P2, an order issued by the respondent Panchayat acting upon Ext.P4 and directing the petitioner to remove his peeling shed. This order has been ordered on the basis that the construction of the peeling shed is in violation of the CRZ notification. The case of the petitioner is that Ext.P2 has been issued without jurisdiction and that Ext.P4 is inapplicable to the construction made. It is also his case that before issuing Ext.P2, a notice was not issued to him. 2. I heard the learned counsel appearing for the Panchayat. 3. Although Panchayat disputes the contentions raised by the petitioner on merits, it is a fact that Ext.P2 has been issued without putting the petitioner on notice. In that sense Ext.P2 has to be said as one issued in violation of the principles of natural justice. 4. Therefore, I dispose of this writ petition with the following directions: WPC No. 31300/10 :2 : (1) That Ext.P2 will be treated as a show cause notice and it will be open to the petitioner to file his objections to the same. (2) Such objection if filed by the petitioner within ten days from today, will be considered by the Panchayat with notice to him and fresh orders in the matter will be passed by the Panchayat. (3) It is directed that until orders are so passed, further action based on Ext.P2 will be kept in abeyance. (4) Petitioner shall produce a copy of this judgment before the Panchayat for compliance. ANTONY DOMINIC, JUDGE Rp