The right to a hearing before eviction proceedings is a fundamental aspect of legal due process.

JUDGMENT

This writ petition is filed seeking the following reliefs:

“a) To Issue a writ of certiorari or any other appropriate writ, order or direction, quashing Ext. P5 notice dated 02.06.2025 issued by the 1st respondent Panchayat.

b) To issue a writ of certiorari quashing Ext. P8 notice.

c) Issue a writ of mandamus or any other appropriate writ, order or direction, commanding the respondents not to evict or disturb the peaceful possession and functioning of the petitioner’s Gym in the petition schedule premises, except in accordance with law and after due process. d) To Declare that the petitioner is entitled to continue in the petition schedule premises until eviction or removal, if any, is carried out strictly through lawful procedure and not on the basis of mala fide or extraneous considerations.

e) To issue of writ of mandamus or any other appropriate writ, order or direction directing the 1st respondent to consider and pass orders on the Ext P6 representation submitted by the petitioner.

f) To grant any other appropriate relief as this Hon’ble Court may deem fit.

g) To dispense with the translation of vernacular documents h) Awards and costs.”

[SIC]

2. According to the petitioner, he is conducting a Gym in the open terrace portion of the building owned by the 3^rd respondent. Exts.P5 and P8 orders are passed by the Panchayat to evict the premises. The grievance of the petitioner is that the writ petition is filed before this Court by a third party and this Court conclude the proceedings without giving an opportunity of hearing to the petitioner. Hence, this writ petition.

3. Heard the learned counsel for the petitioner, the learned Standing Counsel appearing for respondents 1 and 2. No notice is necessary to the 3^rd respondent, because of the manner in which this writ petition is going to be disposed of. If the 3^rd respondent is aggrieved by any of the directions issued by this Court, the 3rd respondent is free to file a review petition before this Court.

4. According to the petitioner, he is conducting a Gym and Ext.P5 is in effect against the petitioner. The counsel for the petitioner submitted that, he already submitted Ext.P6 reply to Ext.P5 provisional order. If that is the case, I am of the considered opinion that, while concluding the provisional order as directed by this Court in Ext.P7 judgment, an opportunity of hearing should be given to the petitioner also.

Therefore this writ petition is disposed of with the following directions:

i) While concluding the proceedings by the Panchayat as directed in Ext.P7 judgment, in Exts.P5 and P8 notices, an opportunity of hearing should be given to the petitioner also, after consider Ext.P6 reply submitted by the petitioner.

ii) Coercive steps against the petitioner can be taken only after hearing the petitioner and an order is passed as directed by this Court in Ext.P7 judgment.