The court allows the petitioner to submit objections against a demolition notice and mandates timely consideration of those objections, ensuring the interim stay remains in effect.

JUDGMENT

This writ petition is filed seeking the following reliefs:

“I. To issue a writ of certiorari or other appropriate writ order or direction quashing Exhibit P1, Exhibit P10, Exhibit P13 and Exhibit P15.

II. To issue a writ in mandamus or other writ, order or direction commanding the 1st respondent to not to demolish the Compound wall constructed by the Petitioner strictly in terms of Exhibit P3 to Exhibit P5.

III. To issue a writ in mandamus or other writ, order or direction commanding the Respondents 4 and 5 to continue to provide protection to the Petitioner to install the gate for the compound wall constructed in terms of Exhibit P3 and Exhibit P5 and as directed in Exhibit P9.

IV. To issue a writ in mandamus or other writ, order or direction commanding the 1st respondent to not to obstruct Petitioner from making a lawn in front of the compound wall after leaving 3.5 metres of width to the Road as agreed in Exhibit P3.

V. To issue a writ in mandamus or other writ, order or direction commanding the Respondents 1 and 3 to pay cost and damages to the Petitioner in obstructing the construction after withdrawing the stop memo in Exhibit P7 which roughly estimated at Rs. 3 lakhs with interest at the rate of 9% per annum from the date of this writ petition.

VI. To issue a writ in mandamus or other writ, order or direction commanding the 2nd Respondent to measure and report width of the Road in the light of Exhibit P1 order of demolition issued by the 1st Respondent.

VII. Grant such other reliefs as may be prayed for and as the Court may deem fit to grant; and VIII. Grant the cost of this Writ Petition ”

[SIC]

2. The petitioner challenges Ext.P1. Ext.P1 is a demolition notice. When this writ petition came up for consideration before this Court on 22.10.2025, this Court passed the following order:

“Admit.

Learned Standing Counsel takes notice for the 1^st and 3^rd respondents. Learned Government Pleader takes notice for respondents 2, 4 and 5.

Issue urgent notice to respondents 6 and 7.

Considering the fact that Ext.P1 is a demolition notice and a prima facie case is made out by the petitioner, I think an interim order can be passed.

Therefore, there shall be an interim stay as prayed for, for a period of three months.”

Even though notice is issued to the party respondents, there is no appearance.

3. This Court perused Ext.P1 notice. Different contentions are raised by the petitioner in this writ petition. I am of the considered opinion, that, this writ petition need not be retained here. The petitioner can be allowed to submit his objection to Ext.P1 before the Panchayath within a time frame, and there can be a direction to consider the same and till then, the interim order can be allowed to continue.

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

(i) The petitioner is free to submit his objection to Ext.P1 before the Secretary to the 1^st respondent, within three weeks from the date of receipt of a copy of this judgment.

(ii) Once such an objection is received, the Secretary to the 1^st respondent will consider the same, after giving an opportunity of hearing to the petitioner and respondents 6 and 7, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of the objection.

(iii) If the objection is submitted as directed above, the interim order dated 22.10.2025 will continue, till final orders are passed in the objection.

Sd/-

P.V.KUNHIKRISHNAN JUDGE AJ