JUDGMENT

The case set up in this Writ Petition (Civil) is as follows :

This writ petition is filed inter alia seeking to issue a writ of certiorari or any other writ or order quashing Exhibit P2 order of demolition of alleged unauthorized construction carried out by the petitioners, issued by the 3rd respondent Assistant Engineer, without any jurisdiction and in violation of the principles of natural justice.

2. The main contentions urged by the petitioners are as follows : “A.Going by Section 406 of the Kerala Municipality Act, 1994, the power to pass an order of demolition vest exclusively with the 2nd respondent Secretary. Exhibit P2 impugned order of demolition is seen issued by the

3rd respondent Assistant Engineer, which is without any jurisdiction.

B. In addition, the petitioners were completely denied with an opportunity of being heard by the 2nd respondent and also they were not served with any of the material documents in connection with issuance of Exhibit P2, especially the complaint alleged to have submitted by the 4th respondent. Moreover, he was not served with any show cause notice as provided under section 406(2) of the Kerala Municipality Act, 1994. Hence, this Writ Pe