IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 22ND JANUARY 2008 / 2ND MAGHA 1929 WP(C).No. 2517 of 2008(Y) ------------------------- PETITIONER: ------------ S.NAYAGAM, S/O. SELVARAJ MOORTHI, AGED 43 YEARS, HOUSE NO,IX 3297, MOORTHI TEA STALL, MUNNAR, IDUKKI DISTRICT. BY ADV. SRI.N.M.VARGHESE RESPONDENTS: ------------- 1. SECRETARY, MUNNAR GRAMA PANCHAYATH (SPECIAL GRADE) MUNNAR 685 612. 2. MUNNAR GRAMA PANCHAYATH,REP. BY ITS SECRETARY,MUNNAR . 3. STATE OF KERALA REP. BY THE SECRETARY DEPARTMENT OF LOCAL OSELF GOVERNMENTS SECRETARIAT, THIRUVANANTHAPURAM. BY ADV. SMT.AYSHA YOUSEFF FOR R1 & R2 G.P.SRI..K.J.MOHAMMED ANZAR FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 2517/08 APPENDIX PETITIONER'S EXHIBITS:- P1: A photocopy of judgment dated 8-12-2006 passed bythis Honourable Court in W.P.C. 30666/2006 P2: Photo copy of building maintenance permit No.A3-27/2007 dated 15-1- 2007 issued by the 1st respodnent. P3: A photo copy of notice No.323/2007 dated 14/3/2007 issued by the 1st respondent. P4: A photocopy of reply dated 16-3-2007 submitted by the petitioner before the 1st respondent. P5: A photocopy of reply submitted by the petitioner dated 5-5-2007 before the 1st respondent. P6: A photo copy of impugned order No.A3-27/2006 dated 10-5-2007 passed by the 1st respondent. P7: A photo copy of order of the tribunal for Local Self Government Institutions dated 20-9-2007 in Appeal No.203/2007 P8: A photo copy of notice No.A3-1268/2007 dated 13-11-2007 issued by the 1st respondent. P9: A photo copy of reply submitted by the petitioner before the 1st respondent dated 26-11-2007 P10: A true copy of notice dated 16-1-2008 issued by the 1st respondent addressing the petitioner and served on the petitioner on 18-1-2008 after noon.\ P11: A true copy of reply submitted by the petitioner before the 1st respondent dated 18-1-2008. Pius C. Kuriakose, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 2517 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of January,2008 JUDGMENT Adv. Smt. Moly Jacob takes notice on behalf of respondents 1 and 2. Learned Government Pleader takes notice on behalf of the 3rd respondent. 2. Grievance of the petitioner is that the 2nd respondent panchayat has issued provisional order for demolition of the construction put up by him. To the provisional order, the petitioner submitted Ext.P9 reply. Thereafter, instead of finalizing the issue, the panchayat has issued Ext.P10 provisional order-cum-show cause notice to the petitioner. To Ext.P10, the petitioner submitted Ext.P11 explanation. The petitioner apprehends that even before finalizing the issue, the construction put up by him will be forcibly removed. According to him, the panchayat having chosen to pass preliminary order and issue show cause notice to him as to why the provisional order should not be confirmed, is bound to hear him before finalizing the issue. WPC 2517/08 2 3. In the facts and circumstances of the case, I dispose of the writ petition directing respondents 1 and 2 to consider Ext.P8 and P10 in the light of Exts.P9 and P11 explanations submitted by the petitioner, hear the petitioner and take final decision as to whether the provisional orders are liable to be confirmed. Once final decision is taken, the same will be communicated to the petitioner. Respondents 1 and 2 will ensure compliance with the above directions within one month of receiving copy of this judgment. There will be a further direction to respondents 1 and 2 not to demolish any portion of the petitioner's building for a period of six weeks. Pius C. Kuriakose, Judge. mn. WPC 2517/08 3