KOCHI: The High Court on Friday adjourned to September 24, the petition filed by the owner of a Maradu flat slated for demolition, challenging the municipality’s eviction notice. On the day, the court will hear whether the petition can be entertained in light of the Supreme Court order directing to demolish the flats.
Adjourning the petition, filed by M K Paul, a flat owner in Golden Kayaloram, Justice Shaji P Chaly also directed the state government to produce all the orders issued by the apex court in this regard.
“Everyone is bound to follow the Supreme Court,” Justice Shaji said. Paul had sought a directive to the Maradu municipal secretary not to forcefully evict him without adopting the due process of law.
The court would also examine whether the defect noted by the High Court Registry – that the matter is pending before the Supreme Court – can be sustained.
The court orally observed the eviction notice was a consequential action based on the apex court order. Hence, there was no point in entertaining the plea against it.
“The municipality had issued the notice to the petitioner as it had to adhere to the time limit specified by the Supreme Court for the implementation of its order. If the petitioner wants to challenge the notice, he can approach the apex court,” the court observed.
Paul had submitted before the apex court that the municipality had not followed basic principles of natural justice, which demanded that he and other similarly-placed residents be served with a show-cause notice as contemplated under the Kerala Municipality Building Rules, 1999, before issuing the eviction order.
Moreover, he and others should be given a reasonable opportunity of being heard.
Paul submitted that he had not committed any crime and that he could not be punished for the lapses and negligence on the part of government officials and the builder.
He had purchased the flat in compliance with all prevailing laws and after paying the required taxes, registration fee and others to the government and the local body, Paul submitted.
“If the building’s construction was in violation of or not in accordance with the law, it was the duty of the authorities concerned to prevent the builder from selling the flats in the building,” Paul said in the petition.