IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE MONDAY, THE 13TH NOVEMBER 2006 / 22ND KARTHIKA 1928 WP(C).No. 29836 of 2006(B) -------------------------- PETITIONERS: -------------- 1. BIJU, AGED 38 YEARS, S/O.SREEDHARAN, RESIDING AT OZHAKKANATTU HOUSE, RAMANGALAM KARA, MARADI VILLAGE, MUVATTUPUZHA TALUK. 2. BINU, AGED 35 YEARS, S/O. SREEDHARAN, RESIDING AT OZHAKKANATTU HOUSE, RAMANGALAM KARA, MARADI VILLAGE, MUVATTUPUZHA TALUK. BY ADV. SRI.MATHEW JOHN (K) SRI.SUJESH MENON V.B. RESPONDENTS: ---------------- 1. MUVATTUPUZHA MUNICIPALITY, REP. BY ITS SECRETARY, MUVATTUPUZHA P.O. 2. SECRETARY, MUVATTUPUZHA MUNICIPALITY MUVATTUPUZHA P.O. 3. VARGHESE KURIAN, S/O. KURIAN MADAPARAMBIL HOUSE, NJARAKKADU KARA, KADAVOOR VILLAGE, KOTHAMANGALAM TALUK. R1 BY ADV. SRI. V.M. KURIAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/11/2006, THE COURT ON THE SAME DAYDELIVERED THE FOLLOWING: PIUS C. KURIAKOSE, J. ------------------------------- W.P.(C) No. 29836 OF 2006 ----------------------------------- Dated this the 13th day of November, 2006 JUDGMENT Sri.V.M. Kurian takes notice on behalf of 1st respondent Municipality. 2. Having regard to the facts stated, the grounds raised and submissions of Sri.Mathew John, learned counsel for the petitioner and those of Sri.V.M. Kurian, I am of the view that the petitioner has to avail his statutory remedies against the final order which is expected to be passed by Municipality in pursuance to Ext.P2 today. I dispose of the Writ Petition directing the petitioner to avail statutory remedies against the final order to be passed by the Municipality pursuant to Ext.P2. However, having regard to the peculiar facts situation which obtains in this case, there will be a direction that the Municipality will not enforce the order to be passed pursuant to Ext.P2, for a period of three weeks at least from the day the said order is served on the petitioner. PIUS C. KURIAKOSE, JUDGE btt WPC 2