IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
GLEN GEORGE – Appellant
Versus
KOZHIKODE MUNICIPAL CORPORATION – Respondent
WP(C) NO. 8341 OF 2026
| Table of Content |
|---|
| 1. petitioner sought to challenge removal of hoarding. (Para 1 , 2) |
| 2. court emphasized fair hearing before order enforcement. (Para 3 , 4) |
JUDGMENT
The above writ petition is filed with following prayers :
i) “Issue writ of certiorari or any other appropriate writ or order to call for the records and to quash Ext.P7 order;
ii) Issue a writ of Mandamus or any other appropriate writ, order, or direction commanding the 1st Respondent to consider and pass orders on the Exhibit-P2 Application dated 7-07-2024, on its merits and in accordance with law, after affording the Petitioner an opportunity of being heard, within the time frame to be stipulated by this Hon'ble Court;
iii) Grant such other reliefs as are deemed just and necessary in the facts and circumstances of the case.” [sic]
2. A confirmation order is passed as evident by Ext.P7 to remove a LED hoarding. The grievance of the petitioner is that the same is passed without giving an opportunity of hearing to the petitioner. The petitioner submitted Ext.P8. The same is also not considered is the grievance.
3. This Court considered the contentions of the petitioner and the Standing Counsel appearing for the 1st respondent. No notice is necessary to the 2nd respondent at this stage. If they are aggrieved by any of the directions issued by this Court, they are free to file a review petition before this Court.
4. Considering the facts and circumstances of this case, without going to the merit of the case, there can be a direction to the 1st respondent to consider Ext.P8 and till then, coercive steps based no the impugned order can be deferred.
Therefore, this writ petition is disposed of with the following directions :
1) The 1st respondent is directed to consider Ext.P8 after giving an opportunity of hearing to the petitioner and the 2nd respondent, as expeditiously as possible, at any rate, within three weeks from the date of receipt of a certified copy of this judgment.
2) Till final orders are passed, coercive steps based on Ext.P7 shall be kept in abeyance.
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