IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 23RD JULY 2008 / 1ST SRAVANA 1930 WP(C).No. 5917 of 2007(D) ------------------------- PETITIONER: -------------- THAYAMBATH RAGHAVAN, S/O.JANAKI AMMA, AGED 56 YEARS, BUSINESS, RESIDING AT PAYYANNUR AMSOM DESOM, TALIPARAMBA, KANNUR DISTRICT. BY ADV. SRI.M.V.AMARESAN RESPONDENTS: ------------------ 1. THE SECRETARY, REPRESENTED BY THE PAYYANNUR MUNICIPALITY, PAYYANNUR. 2. D.DWARA RAJ, S/O.DWARA SWAMY CHETTIYAR, AGED 56 YEARS, BUSINESS, PAYYANNUR AMSOM DESOM, KANNUR DISTRICT. 3. KALIDASA MALLAR, PAYYANNUR AMSOM DESOM, KANNUR DISTRICT. BY ADV. SRI.M.SASINDRAN FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 5917 OF 2007 D ==================== Dated this the 23rd day of July, 2008 J U D G M E N T The challenge in this writ petition is against Ext.P3, a notice issued by the respondent Municipality. Petitioner contends that by virtue of Exts. P1 and P2 decree and judgment rendered by the Munsiff's Court, Payyannur in OS 3/04, demolition could be effected only after issuing notice under Section 406 of the Kerala Municipalities Act. It is contended that Ext.P3 notice does not specify that the notice is under Section 406 and therefore the same is issued in violation of Exts.P1 and P2 decree and judgment. 2. Counsel for the Municipality submits that the notice was meant and intended to be one under Section 406(1) of the Act and even as of now, if the petitioner files his reply to Ext.P3, the Municipality is willing to consider the matter in the light of the reply given and pass final orders in the matter. 3. Having heard the counsel on either side, I feel Ext.P3 notice can be treated as one issued under Section 406(1) of the Act though the section is not mentioned in the notice. WPC 5917/07 :2 : 4. It will be open to the petitioner to file his reply to Ext.P3, which he should do within 3 weeks from today. It is directed that on receipt of the reply as above, the Municipality shall consider Ext.P3 in the light of the reply so given and pass final orders in the matter with notice to the petitioner. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp