The court emphasizes the importance of timely consideration of representations and the need for an interim stay on unauthorized construction proceedings.

JUDGMENT

This writ petition is filed with following prayers:

i. To issue a writ of certiorari or any other writ, order or direction quashing Exhibit P2 notice dated 20-07-2024 issued by the 2nd respondent.

ii. To issue a writ of mandamus or any other writ, order or direction directing the respondents to issue copies of the Orders dated 30-11-2023 and 11-03-2024 referred to in Exhibit P2 notice dated 20-07-24, within a timeframe as may be prescribed by this Hon'ble Court, so as to enable the petitioner to avail statutory remedies against the same.

iii. To issue a writ of mandamus or any other writ, order or direction directing the respondents to dispose of Exhibit P3 representation filed by the petitioner, within a timeframe as may be prescribed by this Hon'ble Court.

iv. To dispense with the production of Malayalam translation of the documents produced in the writ petition.

v. To issue any other order or direction that this Hon’ble Court may deem fit in the facts and circumstances of the case.

(SIC)

2. Petitioner is aggrieved by Ext.P2 notice issued by the 2^nd respondent. The petitioner submitted Ext.P3 objection to Ext.P2 and thereafter filed this writ petition.

3. When this writ petition came up for consideration on

29.07.2024, this Court passed the following order:

Learned Standing Counsel takes notice for the respondents. There will be a direction to file a statement.

2. Petitioner challenges Ext.P2, a notice dated

20.7.2024 alleging unauthorised construction and directing demolition of the same. Ext.P2 refers to two earlier orders passed by the Corporation dated 30.11.2023 and 20.07.2024. Learned counsel for the petitioner submits that the petitioner has not received the same.

In view of the above, there will be an interim order staying all further proceedings pursuant to Ext.P2 for a period of one month.”

4. The Standing Counsel for the Corporation submitted that a provisional order was passed under Section 406 (1) and 406(2) of the Kerala Municipality Act earlier and the petitioner filed a reply also. Thereafter Ext.P2 notice is issued and the confirmation order is not passed. I am of the considered opinion that this writ petition need not be retained here. There can be a direction to consider Ext.P3 and the objection filed by the petitioner to the provisional order, and till then, the interim order can be allowed to continue.

Therefore, this Writ Petition is disposed of in the following manner:

1. The 2^nd respondent is directed to consider Ext.P3 and the objection filed by the petitioner to the provisional order, after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a copy of this judgment.

2. Till final orders are passed, further proceedings based on Ext.P2 shall be kept in abeyance.

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