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Judgment
Viju Abraham, J
The petitioner has approached this Court challenging Ext. P2 notice and Ext.P3 order.
The petitioner submits that even though he has received Ext.P2 provisional order, he could not submit his reply within time due to his serious health condition and he is undergoing dialysis daily. The specific case of the petitioner is that it is not a case of new construction and it is only a re-construction of the existing building which is not in violation of the provisions of the CRZ notification. Pointing out all these aspects, the petitioner has filed Ext.P4 reply before the Panchayat authorities.
Heard the learned counsel for the petitioner as well as the learned counsel for the respondent Panchayat.
The learned counsel for the respondent Panchayat contended that Ext.P4 reply was submitted only after Ext.P3 final order was issued. It is further submitted that they are ready to reconsider the matter after affording an opportunity of being heard to the petitioner.
To facilitate the reconsideration of the matter, Ext.P3 order is set aside and it is directed that Ext.P4 shall be treated as a reply to Ext.P2 provisional order. A decision shall be taken in this matter by the respondent Panchayat within a period of three months from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner.
With the aforesaid directions, the writ petition is disposed of.