Kerala High Court
Khalid Abdul Rahiman vs District Collector Kasaragod on 19 June, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:43797
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 19TH DAY OF JUNE 2025 / 29TH JYAISHTA, 1947
WP(C) NO. 22334 OF 2025
PETITIONERS:
1 KHALID ABDUL RAHIMAN
AGED 45 YEARS
S/O SUHARABI, SUMAYYA MANZIL, THALANGARA WEST,
KASARAGOD, PIN - 671121
2 ZEENATHUNNISA
AGED 32 YEARS
W/O KHALID ABDUL RAHIMAN, SUMAYYA MANZIL, THALANGARA
WEST, KASARAGOD-, PIN - 671121
3 K PUNDALIKA SHENOY
AGED 70 YEARS
SRINIVASA, RAILWAY STATION ROAD, KASARAGOD- 671121
4 MOHAMMED SAHEER
AGED 35 YEARS
M.A HOUSE, THAYALANGADI, KASARAGOD-, PIN - 671121
5 KUNHAMINA T M
AGED 95 YEARS
W/O THALANGARA ABDULLA KUNHI, THALANGARA CLUSTER,
NULLIPPADY, KASARAGOD -, PIN - 671121
6 K.H. MOHAMOOD
AGED 70 YEARS
S/O ABDUL KHADER, KHM HOUSE, NAIMARAMOOLA, P.O CHEROOR,
KASARAGOD-, PIN - 671121
7 E.M IBRAHIM
AGED 68 YEARS
S/O MOHAMMED, CERAMICS ROAD, THERUVATH KASARAGOD
PIN - 671121
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8 MAIMOONA
AGED 59 YEARS
W/O E.M IBRAHIM, CERAMICS ROAD, THERUVATH KASARAGOD-,
PIN - 671121
9 ASIYA
AGED 62 YEARS
W/O MOHAMMED, THALANGARA WEST, KASARAGOD-, PIN - 671121
10 ANNATHUNNISA
AGED 38 YEARS
W/O ABBAS ALI, THALANGARA WEST, KASARAGOD- 671121
11 MOHAMMED RASHAD PS
AGED 38 YEARS
S/O HAJI P.M. SHAMSUDEEN, KHAZILANE, P.O THALANGARA,
KASARAGOD-, PIN - 671121
BY ADVS.
SHRI.K.N.ABHILASH
SHRI.SUNIL NAIR PALAKKAT
SHRI.RISHI VARMA T.R.
SHRI.RITHIK S.ANAND
SHRI.SREEJITH A.
SMT.TEENA M. ASHOK
RESPONDENTS:
1 DISTRICT COLLECTOR KASARAGOD
CIVIL STATION, VIDYANAGAR, KASARAGOD, KERALA,
PIN - 671123
2 EXECUTIVE ENGINEER (PWD)
ROADS DIVISION, OFFICE OF THE EXECUTIVE ENGINEER,
KASARAGOD, PIN - 671123
3 ASSISTANT EXECUTIVE ENGINEER (PWD)
ROADS DIVISION, OFFICE OF THE EXECUTIVE ENGINEER,
KASARAGOD, PIN - 671123
4 KASARAGOD MUNICIPALITY
PULIKUNNU-L, KASARAGOD P.O, KASARAGOD
REP BY ITS SECRETARY, PIN - 671123
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5 THE SECRETARY
KASARAGOD MUNICIPALITY, PULIKUNNU-L, KASARAGOD P.O,
KASARAGOD, PIN - 671123
6 U.K. MUHAMMAD
PWD CONTRACTOR, MANJESHWER P.O, KASARGOD, PIN - 671123
GP SMT DEEPA V
SC SRI SP E SAJAL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.06.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 19th day of June, 2025
The writ petition is filed to quash Exts.P3 and P5
notices and direct the respondents 1 to 3 and 6 to expedite
the widening of the road sanctioned as per Ext.P.1
notification.
2. The petitioners are conducting various commercial
activities on either side of the railway station road situated
within the territorial limits of the 4th respondent ―
Municipality. By Ext.P1 order, the Government of Kerala
has accorded sanction to develop the road leading to the
petitioners' shop rooms. Consequently, the petitioners had
surrendered their lands, and the road widening work is in
progress. By Ext.P2 minutes, the 4th respondent and the
officials of the Public Works Department, relying on the
bona fide representations made by the authorities, agreed
to demolish a portion of the buildings surrendered by the
petitioners. Believing the words of the respondents, the
petitioners demolished their buildings. However, after a
new Secretary assumed charge in the 4th respondent, he
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issued Ext.P3 notice to remove the petitioners' buildings
from the municipal assessment register. After that, he
issued Ext.P5 demolition notice under Section 406 of the
Kerala Municipality Act, 1994 ('Act' in short). Exts.P3 and
P5 notices are illegal and arbitrary. Hence, the writ
petition.
3. Heard; the learned counsel for the petitioners, the
learned Government Pleader and the learned Standing
Counsel appearing for the respondents 4 and 5. In view of
the limited relief I proposed to pass, I dispense with notice
to the 6th respondent.
4. Indisputably, Ext.P5 is a provisional order issued
by the 5th respondent under Section 406 of the Act. The
petitioners were neither granted an opportunity to file
their objections to the notice nor heard. I find substance
in the contention of the petitioners that, Ext.P5 notice is
being attempted to be enforced in violation of the
principles of natural justice. In the above conspectus, I am
convinced that the 5th respondent is to be directed to
permit the petitioners to file their objections to Exts.P3
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and P5 notices and be heard before the proceedings are
finalised.
Accordingly, I dispose of the writ petition by
permitting the petitioners to file their objections to Exts.P3
and P5 notices within three weeks from today. If such
objections are filed, the 5th respondent shall afford the
petitioners an opportunity of being heard, and then finalise
Exts.P3 and P5 notices, after adverting to Ext.P1
Government Order and Ext.P2 resolution passed by the 4th
respondent. Until orders are passed on Exts.P3 and P5
notices, all coercive proceedings pursuant to Exts.P3 and
P5 notices shall stand deferred. It is made clear that this
judgment will not hamper the Government from
proceeding with the widening of the road.
Sd/-
C.S.DIAS, JUDGE
AJ
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APPENDIX OF WP(C) 22334/2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE GOVERNMENT ORDER (RT) NO.
229/2021/PWD DATED 17.02.2021 ISSUED BY THE
1ST RESPONDENT
Exhibit P2 A TRUE COPY OF THE MINUTES OF SAID MEETING,
DATED 04.09.2024
Exhibit P3 A TRUE COPY OF THE NOTICE BEARING NO.
1580614-2025 DATED 20.05.2025 ISSUED BY THE
5TH RESPONDENT AGAINST THE 1ST AND 2ND
PETITIONERS
Exhibit P4 A TRUE COPY OF THE SAID REPLY, DATED
06.06.2025 BY THE 1ST AND 2ND PETITIONER
Exhibit P5 A TRUE COPY OF THE ORDER BEARING NO. PW2-
508230-2025 DATED 05.06.2025 ISSUED AGAINST
THE PETITIONERS BY THE 5TH RESPONDENT
