Court allows time for objection to demolition notice before proceeding; maintains stay until decision made.

JUDGMENT

The above writ petition is filed with the following prayers:

“i. To issue a writ of certiorari or any other appropriate writ, order or direction commanding the 1^st respondent calling for the records leading to Ext.P7 demolition notice and quash the same.

ii. To dispense with the production of translated vernacular documents .

Iii. To stay all further proceedings pursuant to Ext.P7 notice.

iv. To issue such other order or direction, as this Hon’ble Court may deem fit and proper to grant, in the nature and course of the proceeding.”

2. The petitioner is challenging Ext.P7 demolition notice.

Admittedly, Ext.P7 notice was issued based on a complaint filed by one Mr.Prasad Pokkathil. He has not been impleaded as a respondent in this writ petition. Therefore, I am not inclined to entertain this writ petition.

3. Considering the facts and circumstances of the case, I think the petitioner can be allowed to submit his objection to Ext.P7 within a time frame, and there can be a direction to consider the same by the Panchayat, with notice to the petitioner and Prasad Pokkathil mentioned above, within a time frame. Till then, the demolition proceedings can be stayed.

4. Therefore, this writ petition is disposed of in the following directions:

(i) The petitioner is free to submit his objection to Ext.P7 before the 2^nd respondent within a period of two weeks from the date of receipt of a copy of this judgment.

(ii) If such an objection is received, the 2^nd respondent will consider the same and pass appropriate orders after giving sufficient opportunity of hearing to the petitioner and Sri.Prasad Pokkathil, as expeditiously as possible, at any rate within a period of one month from the date of receipt of the objection.

(iii) If the objection is submitted as stated above, further coercive steps based on Ext.P7 shall be kept in abeyance till final orders are passed.

Sd/-

P.V.KUNHIKRISHNAN JUDGE GBG

29.6.2024 ISSUED BY THE 1ST RESPONDENT Exhibit P2 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY AYMANAM VILLAGE ISSUED TO THE PETITIONER DATED 04.01.2011 Exhibit P3 A TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE KERALA POLLUTION CONTROL BOARD DATED 04.11.2022 Exhibit P4 A TRUE COPY OF THE COMMUNICATION ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER IN THIS REGARD DATED 22.11.2016 Exhibit P5 A TRUE COPY OF THE ORDER IN IA NO.3773/2016 IN OS NO.767/2016 DATED 05.07.2017 OF THE ADDL. MUNSIFF’S COURT, KOTTAYAM Exhibit P6 A TRUE COPY OF THE SITE APPROVAL AND BUILDING PERMIT ISSUED TO THE PETITIONER BY THE 1ST RESPONDENT DATED 26.10.2025 Exhibit P7 A TRUE COPY OF THE DEMOLITION NOTICE DATED 26.11.2025 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER Exhibit P8 A TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT DATED 29.11.2025