Procedural fairness in administrative actions, ensuring the right to be heard before decisions affecting property rights.

JUDGMENT

This Writ Petition (C) is filed seeking the following reliefs:

" i. Issue a writ in the nature of Certiorari or any other appropriate writ, order or direction calling for the records leading to Ext. P6 Order of the 4^th respondent and quash the same;

ii. Issue a writ in the nature of Mandamus or any other appropriate writ or order directing the respondents 2 to 5 not to cut and remove the branches of any trees standing in the property of the petitioner;

iii. Issue any such other appropriate writ, order or direction as this Hon’ble Court deems fit and proper considering the circumstances of the case in the interest of justice.

iv. The petitioner undertakes that the petitioner will produce the English translation of the documents in the vernacular language as and when directed by this Hon’ble Court."

[SIC]

2. Petitioner is aggrieved by Ext.P6 order by which there is a direction to cut and remove certain trees situated in the petitioner's property.

3. Heard counsel for the petitioner, the Standing Counsel appearing for the Municipality, and the Government Pleader. I also heard the Counsel appearing for the respondent Nos. 6 and 7. 4. The short point raised by the petitioner is that Ext.P6 is an order passed without giving an opportunity of hearing to the petitioner. The other contentions are also raised by the petitioner.

5. This Court perused Ext.P6. A perusal of Ext.P6 would not show that it is an order passed after giving an opportunity of hearing to the petitioner. For that short point, I am of the opinion that Ext.P6 is to be set aside and the Municipality has to reconsider the matter, after giving sufficient opportunity of hearing to the petitioner and the respondent Nos.6 and 7. All the contentions raised by the petitioner and the respondents Nos. 6 and 7 are left open.

Therefore, this Writ Petition is disposed of with the following directions:

1. Ext.P6 is set aside.

2. The competent authority among the 3^rd and 4^th respondents shall reconsider the matter, after giving sufficient opportunity of hearing to the petitioner, respondent Nos.6 and 7, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of the judgment.

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