Coercive action on a demolition order cannot proceed without considering the affected party's representation.

JUDGMENT

The above writ petition is filed with following prayers : 1. “To direct the 1st respondent to consider the Exhibit P7 representation and dispose the matter with in a time fixed by this Hon’ble Court.

2. To set aside the Exhibit P6 demolition order dated 04/04/23 issued by the 1st respondent and direct the 1st respondent to hear the petitioner and reconsider the same.

3. Any other order this Hon’ble High Court deem fit and proper in the facts and circumstances of the case.” [sic]

2. The main prayer in this writ petition is to consider Ext.P7 representation and till then to defer the coercive steps based on Ext.P6 demolition order. According to the petitioner, he constructed a residential house and now, there is a threat of demolition. This Court as per Ext.P8 judgment, which was filed by the 3^rd respondent directed to implement Ext.P6 order produced in that writ petition. Now, the petitioner apprehend that without considering Ext.P7, the parties will demolish the structure. Hence, this writ petition.

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

4. After hearing the counsel for the petitoiner and the learned counsel appearing for the Corporation, I think there can be a direction to consider Ext.P7 and till then, coercive steps can be kept in abeyance.

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

1) The competent authority of respondent Nos. 1 and 2 will consider Ext.P7 and pass appropriate orders in it, after giving an opportunity of hearing to the petitioner and the

3^rd respondent as expeditiously as possible, at any rate, within six weeks from the date of receipt of a certified copy of this judgment.

2) Till final orders are passed as directed above, coercive steps against the petitioner based on Ext.P6 shall be kept in abeyance.

3) The petitioner will produce a certified copy of this judgment along with a copy of this writ petition with exhibits before the 1^st and 2^nd respondents for compliance.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SKS

04/01/2016 Exhibit P2 TRUE COPY OF BUILDING PERMIT DATED