Where a statutory representation is pending before a local authority regarding alleged illegal acts, the High Court may direct the authority to hear all parties and pass orders without preemptively adjudicating the merits of the allegations.

JUDGMENT

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

" I. To issue a writ in the nature of Mandamus or such other writ, order or direction to stop/prevent all further construction activities conducted by the Respondent No. 4 to 8.

II. To issue a writ in the nature of Mandamus or such other writ, order or direction to remove illegal and unauthorised obstruction caused by the Respondent No. 4 to 8 on the pathway in front of Petitioner’s compound wall and to conduct inspection and take appropriate action and impose penalty for violation of the provisions of Kerala Panchayat Raj Act and Kerala Panchayat Building Rules, 2019.

III. Issue a writ of Mandamus or any other appropriate writ, order or direction directing the 2^nd respondent to consider Ext P3 representation.

IV. Issue such other writ or pass such orders as this Hon'ble Court deems fit in the interest of Justice.’

V. To dispense with filing of vernacular document."

[SIC]

2. According to the petitioner, respondents 4 to 8 are doing illegal construction and dumping waste in the pathway that leads to the petitioner's premises. Petitioner submitted Ext.P3 before the 3^rd respondent. The same is not considered, is the grievance. Hence, this writ petition.

4. Heard the counsel for the petitioner and the Government Pleader.

5. The manner in which this writ petition is going to be disposed of, no notice is necessary to the respondents 4 to 8. If they are aggrieved by any of the directions issued by this court, they are free to file a review petition before this court.

6. Since Ext.P3 is pending before the 3^rd respondent, there can be a direction to the 3^rd respondent to consider the same with notice to the petitioner and the party respondents.

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

1. The 3^rd respondent is directed to consider Ext.P3 and pass appropriate orders in it, after giving sufficient opportunity of hearing to the petitioner and respondents 4 to 8, 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.

2. I make it clear that I have not considered the matter on merit, and the 3^rd respondent is free to pass appropriate orders in accordance with the law.

3. The petitioner will produce a certified copy of this judgment, along with a copy of the writ petition with exhibits, before the

3^rd respondent for compliance.