IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 12TH JUNE 2008 / 22ND JYAISHTA 1930 WP(C).No. 16696 of 2008(K) -------------------------- PETITIONER: -------------- M.P. SASIDHARAN, LAL BHAVAN, ANJUMANA ROAD, PADIVATTOM, EDAPPALLY POST, KOCHI -24. BY ADV. SRI.B.KRISHNA MANI SRI.P.K.MANOJKUMAR RESPONDENT: ---------------- THE SECRETARY, THIRUVANANTHAPURAM CORPORATION, THIRUVANANTHAPURAM. BY ADV. SRI.N.NANDAKUMARA MENON (SR.) FOR R1 SRI.P.K.MANOJ KUMAR, SC FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = = W.P.(C) No. 16696 OF 2008 K = = = = = = = = = = = = = = = = = Dated this the 12th June 2008 J U D G M E N T Petitioner contends that by Ext. P1, he was permitted by the Kesari Memorial Journalists' Trust to install an advertisement board around the building owned by the Trust. It is stated that on the strength of Ext. P1 he had installed the advertisement board and subsequent thereto the respondent had issued Ext. P3, a notice alleging that the board installed was occupying a portion of the land acquired by the respondent for road development purposes. It is challenging Ext. P3 the writ petition is filed. 2. The learned Standing Counsel appearing on behalf of the respondent submits that Ext. P3 only a provisional order. He also submits that the order itself mentions Section 406(1) and (2) of the Kerala Municipalities Act. Since Ext. P3 is only a provisional order it is open to the petitioner to file his objection raising his contentions, which he has raised in this writ petition, and thereafter it is for the respondent itself to consider the same and pass final order in the W.P.(C) No. 16696 OF 2008 -2- matter in terms of Section 406(3) of the said Act. Once final order is passed it will be open to the petitioner to seek the statutory remedies that are available. Therefore, directing that it will be open to the petitioner to file his reply to Ext. P3 within two weeks from today, in which event, the respondent will consider the same and pass final orders with notice to the petitioner and that in the meanwhile, further proceedings pursuant to Ext. P3 will be kept in abeyance, the writ petition is disposed of. ANTONY DOMINIC JUDGE jan/-