IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 18TH SEPTEMBER 2009 / 27TH BHADRA 1931 WP(C).No. 26385 of 2009(P) ------------------------------------- PETITIONER(S): ------------------------- 1. JUSTIN.T.V, AGED 34, S/O.VARUNNI.T.K., THOMMANA HOUSE, NEAR SNEHA BHAVAN, IRINJALAKUDA. 2. ROY JOSEPH, AGED 40, S/O.K.I.JOSE, KOLANKANNI HOUSE, IRINJALAKUDA, THRISSUR DISTRICT. 3. REKHA ASOKAN, W/O.ASOKAN, KOOTHUPALAKAL HOUSE, IRINJALAKUDA, THRISSUR DISTRICT. BY ADVS.MR.G.SREEKUMAR (CHELUR) MR.K.RAVI (PARIYARATH) RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REP. BY THE SECRETARY TO THE GOVT. LOCAL SELF GOVERNMENT DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE IRINJALAKUDA MUNICIPALITY, REP. BY ITS SECRETARY, IRINJALAKUDA P.O., THRISSUR DISTRICT. 3. THE SECRETARY, IRINJALAKUDA MUNICIPALITY, IRINJALAKUDA P.O., THRISSUR DISTRICT. 4. REMANI, W/O.VADIKITTI KUMARAN, MANAVALASSERY VILLAGE DESOM, KANDESWAROM, THRISSUR DISTRICT. W.P.(C) NO.26385/2009 5. SAJITH, S/O.VADIKITTI KUMARAN, MANAVALASSERY VILLAGE DESOM, KANDESWAROM, THRISSUR DISTRICT. 6. RAJESH.K.R, S/O.RAJAN, KADUNGADAN HOUSE, PORATHASSERY, IRINJALAKUDA NORTH P.O., THRISSUR DISTRICT, PIN-680 125. R2 & R3 BY MR.K.K.CHANDRAN PILLAI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.26385 of 2009-P = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 18th day of September, 2009. JUDGMENT The impugned order is impeached as one which has been issued without any pre-decisional hearing and one that would result in the petitioners being condemned unheard. A building is ordered to be pulled down in a time bound manner without any pre-decisional opportunity of hearing. May be that the ground is that the building is in a dangerous and dilapidated situation. But an opportunity of hearing may some times make matters different. Under such circumstances, after hearing the learned counsel on either side, it is ordered that the impugned orders, Exts.P4 to P6 will be treated as notices and the petitioners will show cause to those notices within one week from now and the competent authority will hear the petitioners and conduct WPC26385/09 -: 2 :- site inspection, if necessary, and issue an order in accordance with law stating reasons. Until then, the impugned orders will not be enforced as they stand. The writ petition is ordered accordingly. THOTTATHIL B.RADHAKRISHNAN, JUDGE. Sha/220909