The petitioner has filed this writ petition aggrieved by Ext.P4 order passed by the respondent directing demolition of certain constructions effected pursuant to Ext.P1 building permit. The contention of the counsel for the petitioner is that, Ext.P4 has been issued without affording an opportunity of being heard to the petitioner or hearing his objections. 2. This writ petition comes up before me for admission. A perusal of Ext.P4 shows that the same is only a provisional order. Any demolition can be effected only after a final order is passed under Section 406 of the Kerala Municipality Act, 1994. Therefore, it is for the petitioner to submit his objections to Ext.P4. If such objections are submitted, they shall be considered by the respondent and appropriate final WPC 34367/2014 2 orders shall be passed.
In view of the above this writ petition is disposed of permitting the petitioner to submit his objections to Ext.P4 within a period of two weeks from today. The objections shall be considered by the respondent, an inspection of the site shall be conducted to ascertain the exact nature of the violation alleged and appropriate orders shall be passed after affording an opportunity of being heard to the petitioner. Orders as indicated above shall be issued as expeditiously as possible and at any rate within a period of one month of the date of receipt of the objections of the petitioner. Until final orders are passed in the matter, any action to demolish the construction made by the petitioner shall be kept in abeyance.
jj /True copy/ Sd/-
K. SURENDRA MOHAN Judge WPC 34367/2014 3