K.A. HASSANKUTTY Vs. V.J. JOSEPH

JUDGEMENT

(1.) HEARD learned counsel for appellants as well as respondent Municipality and party respondent. The appellants are admittedly the tenants in respect of two shop rooms bearing Nos. 23/345 and 23/346 of Cherthala Municipality. It is not in dispute, on earlier occasion, the 1st respondent allegedly secured eviction orders on the ground available under Section 11(4) of the Kerala Buildings (Lease and Rent Control) Act. But, however, eviction orders were not executed. Now the question is whether the notice issued under Section 411 of the Kerala Municipality Act (hereinafter referred to as 'the Act') is justified or not. Section 411 of the Act reads as under:

(2.) APPARENTLY , a statutory appeal is provided under the Act. Though it was not taken recourse to, we note, subsequent to the disposal of the matter by the learned Single Judge, the appellants have filed an appeal before the statutory authority. Even otherwise, materials on record indicate that the appellants approached the learned Ombudsman wherein the learned Ombudsman directed the Municipality to issue notice under Section 411 of the Act and action was taken as per Ext. P7. This was in the year 2007. When the tenants were aware of the proceedings under Section 411 contemplated at the hands of the respondent Municipality, approaching this Court under Article 226 of the Constitution of India claiming violation of principles of natural justice, is not warranted. It is more so because of the pendency of a statutory appeal wherein all the contentions raised by the appellants can be looked into including the questions of fact.