The petitioner is challenging Ext.P4 notice issued by the respondent directing him to cut and remove a Jack fruit tree and a Palm tree standing in his property, based on an allegation that those trees are leaning to a public road vested on the Panchayat. It is evident from Ext.P4 that the direction was issued based on a complaint alleged to have been received from residents of the nearby locality. Nothing is indicated to the effect that, before issuing the direction to cut and remove the trees within 15 days, the petitioner was afforded with any opportunity to object the allegation in the compliant in question. There is clear violation of principles of natural justice to the extent of denying any opportunity to the petitioner before issuing such a direction.
2. Despite service of notice from this court the respondent has not chosen to enter appearance or to contest the case.
W.P.(c) No. 22404/2009 -2-
3. Under the above mentioned circumstances, this writ petition is allowed and Ext.P4 is hereby quashed. It is made clear that the respondent will be free to initiate fresh proceedings if it is convinced that there is any substance in the complaint received. However, any further action in this regard can be taken only after affording sufficient opportunity to the petitioner to object such proposal and only in accordance with powers vested on the respondent by virtue of the relevant statutory provisions.
AMG Sd/-
C.K. ABDUL REHIM JUDGE True copy P.A. to Judge