IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 3RD JUNE 2008 / 13TH JYAISHTA 1930 WP(C).No. 15202 of 2008(I) -------------------------------------- PETITIONER: ------------------- M.ABDUL SALAM, AMINA MANZIL, VETTU ROAD, KAZHAKUTTAM, REPRESENTED BY POWER OF ATTORNEY HOLDER, A.ASHARAF, S/O.ABDUL RAHMAN, KUZHIVILA, PUTHEN VEEDU, SAINIK SCHOOL P.O., KAZHAKUTTAM, THIRUVANANTHAPURAM. BY ADV. SRI.G.BIJU. RESPONDENTS: ------------------------ 1. THE KAZHAKUTTAM GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, OFFICE OF THE KAZHAKUTTAM GRAMA PANCHAYATH, KAZHAKUTTAM P.O., THIRUVANANTHAPURAM. 2. THE SECRETARY TO GOVERNMENT, DEPARTMENT OF LOCAL ADMINISTRATION, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE STATE OF KERALA, REPRESENTED BY SECRETARY, LOCAL ADMINISTRATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY GOVT. PLEADER SMT. K.R. DEEPA, ADV. SRI.JOMY GEORGE - R.1. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/06/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.15202/2008-I: APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE PERMIT NO.315/07-08. EXT.P.2: COPY OF THE APPROVED PLAN. EXT.P.3: COPY OF THE NOTICE DTD. 03/05/08 ISSUED BY R.1. EXT.P.4: COPY OF THE EXPLANATION TO EXHIBIT P.3. NOTICE DTD. 05/05/08 SUBMITTED BY THE PETITIONER. EXT.P.5: COPY OF THE ORDER WITHDRAWING/SUSPENDING EXT.P.3. ORDER DTD. 12/05/2008 ISSUED BY R.1. EXT.P.6: COPY OF THE ORDER DTD. 15/05/2008 OF R.1. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// prv. ANTONY DOMINIC, J. ------------------------------------ W.P.(C) 15202 of 2008 ------------------------------------- Dated: JUNE 3, 2008 JUDGMENT Ext.P6 is the order under challenge in this writ petition. By this order, the respondent panchayat has cancelled a building permit that was granted to the petitioner. The main ground on which the aforesaid order is sought to be challenged is one of want of notice to the petitioner. 2. On service of notice, the 1st respondent panchayat has entered appearance through counsel and nothing is placed on record to dispute the correctness of the assertion made by the learned counsel for the petitioner. 3. In view of this, Ext.P6 will stand quashed on the ground that the petitioner was neither issued notice nor was heard in the matter. Accordingly, I dispose of this writ petition quashing Ext.P6 and directing that it will be open to the respondents to issue notice to the petitioner, hear him and pass orders on merits. ANTONY DOMINIC, JUDGE mt/-