IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 21ST JANUARY 2010 / 1ST MAGHA 1931 WP(C).No. 904 of 2010(K) ------------------------ PETITIONER(S): ------------------- RAJALAKSHMI, D/O.NATARAJAN, AGED 45 YEARS, ARAPPATH MANNATHIL HOUSE, MOOTHANTHARA, PALAKKAD. BY ADV. SRI.BINOY VASUDEVAN SMT.P.G.BABITHA RESPONDENT(S): --------------------- 1. THE PALAKKAD MUNICIPALITY, REPRESENTED BY ITS SECRETARY. 2. THE SECRETARY, PALAKKAD MUNICIPALITY. SRI.T.C.SURESH MENON, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 904 OF 2010 (K) ===================== Dated this the 21st day of January, 2010 J U D G M E N T The challenge in this writ petition is against Ext.P3, an order requiring the petitioner to demolish the structure mentioned therein. The main contention raised by the counsel for the petitioner is that contrary to what is stated in Ext.P3, neither the provisional order under Section 406(1) nor the final order under Section 406(3) were served on her. 2. The case was adjourned for the instruction of the learned standing counsel appearing for the Municipality and an opportunity was given to produce documents to prove that provisional order and the final order were served on the petitioner. However, no document whatsoever could be produced, and therefore, this Court is led to think that what the petitioner contends is factually correct. In view of the above, Ext.P3 order in the form in which it is issued cannot be sustained. 3. Having regard to the fact that even 406(1) provisional order was not served on the petitioner, it is directed that Ext.P3 will be treated as provisional order under Section 406(1) of the WPC 904/10 :2 : Municipalities Act and within two weeks from today, it will be open to the petitioner to file reply thereto. Thereafter, with notice to the petitioner final orders in the matter will be passed and communicated to her. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp