Due process requires that parties are given a fair opportunity to be heard before adverse orders are issued.

JUDGMENT

The above Writ Petition (C) is filed with the following prayers:

"i. To issue a writ of certiorari or such other appropriate writ order or direction calling for the records relating to Exhibit P3 and quash the same.

ii. To dispense with the production of translation of vernacular documents iii. To grant such other reliefs that may be deemed just and proper by this honourable court and to allow this writ petition with costs."

[SIC]

2. The 2^nd respondent Panchayat issued Ext.P3 stating that there is pollution to the well of the 3^rd respondent because of a septic tank situated in the premises of the petitioner. The main grievance of the petitioner is that Ext.P3 is an order passed without giving an opportunity of hearing to the petitioner.

3. Heard the learned counsel appearing for the petitioner, the learned Government Pleader, the learned Standing Counsel appearing for the Panchayat and the learned counsel appearing for the 3^rd respondent.

4. This Court perused Ext.P3. A perusal of Ext.P3 would not show that it is an order passed after giving an opportunity of hearing to the petitioner. Considering the facts and circumstances of the case, I think Ext.P3 can be set aside and there can be a direction to reconsider the matter. I make it clear that I have not considered the matter on merit and the Panchayat is free to pass appropriate orders in accordance with the law after giving an opportunity of hearing to the petitioner and the 3^rd respondent.

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

1. Ext.P3 is set aside.

2. The 2^nd respondent is directed to reconsider the matter after giving an opportunity of hearing to the petitioner and the 3^rd respondent, as expeditiously as possible, at any rate, within a period of six weeks from the date of receipt of a certified copy of this judgment.

3. I make it clear that the 2^nd respondent is free to pass appropriate orders untrammeled by any decision taken in the Adalat by the Minister.

Sd/-

P.V.KUNHIKRISHNANJUDGEDMJudgment reservedNADate of judgment11.02.2026Judgment dictated11.02.2026Draft Judgment Placed13.02.2026Final Judgment Uploaded16.02.2026PETITIONER EXHIBITSEXHIBIT P1 TRUE COPY OF REPORT DATED 28.9.2023ISSUED BY THE OFFICE OF THE FIRSTRESPONDENTEXHIBIT P2 TRUE COPY OF RELEVANT PORTION OFKERALA PANCHAYATH BUILDING RULESEXHIBIT P3 TRUE COPY OF LETTER NO 401063/GGDC08/GPO/2024/4622/(2)