IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 28TH MAY 2008 / 7TH JYAISHTA 1930 WP(C).No. 15856 of 2008(K) -------------------------- PETITIONER: ------------ P.P. FRANCIS, AGED 55 YEARS, S/O. LATE PAPPACHAN, PANACKAL HOUSE, CHAPEL LANE, NEAR POWER HOUSE, ALUVA. BY ADV. SRI.LIFFY P. FRANCIS RESPONDENTS: ------------- 1. THE SECRETARY, ALUVA MUNICIPALITY. 2. ALUVA MUNICIPALITY, REPRESENTED BY SECRETARY. 3. NABEESA C.H., AGED 64 YEARS, W/O. LATE HASSAN, CHETTUPADATH HOUSE, NEAR POWER HOUSE, ALUVA. 4. NAZAR C.H., S/O. NABEESA, CHETTUPADATH HOUSE, NEAR POWER HOUSE, ALUVA. BY SHRI.V.M.KURIAN, SC FOR ALUVA MUNICIPALITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ W.P.(C) No. 15856 of 2008-K ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated this the 28th day of May, 2008 J U D G M E N T Petitioner has filed this writ petition aggrieved by Ext.P3 provisional order issued under Sections 406(1) and (2) of the Municipalities Act. It is seen that on receipt of Ext.P3, petitioner has filed his written objection before the first respondent, shown as Ext.P5. In the meanwhile, petitioner submits that there is possibility of the respondents implementing Ext.P3 and, therefore, this writ petition has been filed. 2. I heard the Standing Counsel appearing for the first respondent. 3. In the circumstances, this writ petition is disposed of with a direction that the Municipality should consider Ext.P3 along with Ext.P5 reply submitted by the petitioner and pass final orders under Section 406(3) of the Municipalities Act. This shall be done expeditiously. 4. It is also directed that until orders as directed above are passed, further proceedings pursuant to Ext.P3 will be kept in abeyance. It is also clarified that if the petitioner is so advised, W.P.(C).No.15856/2008-K -: 2 :- petitioner may also seek to regularise the work in terms of the proviso to Section 406(7) of the Municipalities Act, in which case the same would be considered by the above concerned. ANTONY DOMINIC, Judge ms