The court emphasizes the necessity for procedural fairness when assessing unauthorized constructions prior to demolition.

JUDGMENT

The petitioner has approached this Court aggrieved by Ext.P12 notice, whereby the petitioner was directed to demolish the additional construction undertaken by him. The learned Counsel for the petitioner would submit that the petitioner was the lessee of 55 sq.ft. of land in Survey No.18/2A1 of Pandalayini Village in Koyilandy Taluk. The petitioner has initially put up a milma booth after constructing a bunk therein. It was also submitted that the petitioner has been paying the lease rent without any default. To the surprise of the petitioner, the 1^st respondent has issued Ext.P12, whereby the petitioner was directed to demolish the unauthorised construction.

2. The learned Standing Counsel for the respondent-Municipality would submit that Ext. P12 notice was issued when the petitioner had constructed an unauthorised verandah to the bunk, and that the petitioner has submitted an appropriate application for regularisation of the same. It is also submitted that a decision will be taken on it in accordance with law.

3. The learned Counsel for the petitioner would submit that as per Ext.P11, the petitioner was permitted to construct a bunk with the area of 5.10 sq.meter and that the construction of the verandah is within the space permitted as per Ext.P11.

4. In view of the rival contentions raised, I am of the view that the matter has to be re-examined by the respondent-Municipality. Accordingly, this writ petition is disposed of as follows:

(i) Ext.P12 shall be treated as a notice and the petitioner shall file an appropriate reply to the same, substantiating his contention that he has not constructed the verandah in excess of the area provided as per Ext.P11.

(ii) The respondent-Municipality shall pass appropriate orders thereon, after giving an opportunity of hearing to the petitioner and after conducting an inspection and measurement. If, in the inspection, it is found that the construction is beyond the permitted area, the petitioner is free to submit an application for regularisation, which shall also be considered by the respondent-Municipality, as agreed upon. The interim order granted by this Court will continue till a decision is taken as directed above.

Sd/-