IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 13TH OCTOBER 2011 / 21ST ASWINA 1933 WP(C).No. 21260 of 2011(F) -------------------------- PETITIONER: --------------- VIJAYAMMA, W/O. RAJAN, VIJAYA NIVAS, 47/1425, KUNNUMMAL ROAD, VADUTHALA, KOCHI-23. BY ADV. MR.K.RAVEENDRAN RESPONDENTS: --------------- 1. THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM-695001. 2. THE SECRETARY, CORPORATION OF COCHIN, KOCHI-11. 3. SUSY ANTONY, W/O. LATE ANTONY, KOTTUNGAL HOUSE, NEAR ST. ANTONY'S CHURCH, VADUTHALA.P.O., KOCHI-23. ADV. MR.BABU KARUKAPADATH, SC FOR R2 MR.P.K.SOYUZ, SC FOR R2. MR.DINESH R.SHENOY FOR R3. GOVERNMENT PLEADER MR.BIJU MEENATTOOR FOR R1. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 21260 of 2011(F) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COMMISSION REPORT IN O.S.NO.635/2008 BEFORE THE PRINCIPAL MUNSIFF COURT AT ERNAKULAM. EXT.P2: JUDGMENT DTD. 10.3.2003 IN W.P.(C).NO.25480/2003 PASSED BY THIS COURT. EXT.P3: ORDER DTD. 3.9.2008 PASSED BY THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, TVM. EXT.P4: ORDER DTD. 20.4.2009 IN APPEAL NO.165/2009 PASSED BY THE COURT OF TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, TVM. EXT.P5: PROVISIONAL ORDER NO.MOP7-8/2002 DTD. 7.10.2010 ISSUED BY R2. EXT.P6: ORDER DTD. 28.2.2011 IN APPEAL NO.982/2010 PASSED BY THE COURT OF THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, TVM. RESPONDENTS' EXHIBITS: NIL ..... // TRUE COPY // P.A TO JUDGE. HARUN-UL-RASHID, J. ------------------------ W.P.(C).No.21260 Of 2011 ---------------------- Dated this the 13th day of October, 2011. J U D G M E N T The writ petition is filed seeking to quash Exts.P5 & P6 and for a direction commanding the respondents 1 & 2 to rehear and reconsider the objection raised against Ext.P5 order and for other incidental reliefs. 2. Ext.P5 is the copy of the provisional order dated 7.10.2010 issued by the 2nd respondent. Ext.P6 is the copy of the order dated 28.2.2011 passed by the Tribunal for Local Self Government Institutions in the appeal preferred against Ext.P5 order. 3. The Tribunal noticed that Ext.P5 is only a provisional order under Section 406(1) of the Kerala Municipality Act which contains the show cause notice under Section 406(2) of the said Act. The Tribunal observed that the Secretary is duty bound to conduct a personal hearing of the appellant and during that time the appellant can place her case and produce relevant documents in support of her contentions and that she can also make a plea ::2:: W.P.(C).No. 21260 Of 2011 for regularisation. The Tribunal also observed that the Secretary shall conduct a personal inspection and that only after complying with all legal formalities, the Secretary will pass a final order. 4. As observed by the Tribunal, Ext.P5 is only a provisional order. The petitioner had filed a detailed objection against the issuance of Ext.P5 order. As observed by the Tribunal it is for the Secretary of the Panchayath to consider and pass appropriate orders after affording an opportunity of being heard to the petitioner. In these circumstances, the writ petition is disposed of with a direction to the 2nd respondent to pass final orders after affording an opportunity of being heard to the petitioner, 3rd respondent and other affected parties, if any, within a period of two months from the date of receipt of a copy of this judgment. HARUN-UL-RASHID, Judge. bkn/-