The right to a fair hearing is fundamental in administrative proceedings, especially when statutory appeal processes are in place.

JUDGMENT

The case set up in this Writ Petition (Civil) is as follows:-

That the petitioners are husband and wife and they are residing with their two daughters along with ailing and aged mother of the 1st petitioner at Balaramapuram Grama Panchayath. The 2nd petitioner filed Ext.P-1 complaint dated 27.01.2016 before the 3rd respondent-Secretary of Balaramapuram Grama Panchayath stating that the trees standing inside the compound of the 5th respondent causing much nuisance and standing dangerously over the residential house and outside kitchen of the petitioners. In the meanwhile, the 5th respondent thrown a stone to the mother of the 1st petitioner and on the basis of the same, the 2nd petitioner filed a complaint before the Balaramapuram Police authorities. Aggrieved by non-consideration of the same, the petitioners approached the Human Rights Commission and filed a complaint bearing No.2041/2016. As per the direction of the Human Rights Commission, the Police authorities summoned the mother of the 1st petitioner, the 5th respondent and his father. During the mediation before the Police authorities, the 5th respondent raised a demand that, the petitioners should erect chimney on their residential house for exhausting of the smoke. The petitioners agreed to the said demand of the 5th respondent and erected a chimney in their outside kitchen without any nuisance to the 5th respondent and the above mentioned complaint has been finally settled by the Balaramapuram Police authorities and also directed the 5th respondent to cut and remove the coconut tree, which is standing over the house of the petitioners. Ext.P-2 is the copy of the settlement register dated 20.10.2016 maintained in the Balaramapuram Police Station. On the basis of a report submitted by the 4th respondent-Medical Officer, notice bearing No.B2.3300/2016 dated 31.01.2010 was issued by the 3rd respondent-Secretary of Balaramapuram Grama Panchayath to the petitioners with two conditions and copy of the same is produced as Ext.P-3. Thereafter the 5th respondent filed W.P.(C) No.10489/2020 before this Court, seeking a direction to the 4th respondent therein/3rd respondent herein, who is the Secretary of the Balaramapuram Grama Panchayath to implement Ext.P-3 letter, which was disposed of as per Ext.P-4 judgment dated 28.05.2020 on the date of coming up for consideration itself. That, on the basis of Ext.P-4 judgment, the 3rd respondent-Secretary of Balaramapuram Panchayath issued Ext.P-5 notice bearing No.B2.3300/2016 dated 22.06.2020, directing the petitioners to appear in the hearing to be conducted at 2.30 p.m. on 01.07.2020, with all relevant documents and that the 2nd petitioner appeared before the 3rd respondent on 01.07.2020 and has submitted Ext.P-6 written objection also. That, on the hearing day itself the 3rd respondent issued Ext.P-7 notice dated 01.07.2020 reiterating Ext.P-3 order. Aggrieved by Ext.P-7 notice, the petitioners have submitted Ext.P-8 appeal dated 06.07.2020 before the President of the 2nd respondent-Balaramapuram Grama Panchayath. That, now with the political and financial influence of the 5th respondent, the 3rd respondent-Secretary of Balaramapuram Panchayath is taking steps to implement Ext.P-7 order, which is illegal and in violation to the principles of natural justice.

The main contention urged by the petitioner in this writ petition (civil) is as follows:-

Exhibit P-7 order was issued by the 3rd respondent without considering any of the contentions raised in Exhibit P- 6 written objection submitted by the petitioners. The 3rd respondent is taking hasty steps to implement Exhibit P-7 order during the pendency of Ext.P-8 appeal by the influence of the 5th respondent.

It is in the light of the above factual averments and contentions that the petitioner has filed instant Writ Petition (Civil) with the following prayers:-

“a) issue a writ of certiorari or any other appropriate writ, order or direction quashing Exhibit P-7;

b) issue a writ of m