IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 27TH MARCH 2009 / 6TH CHAITHRA 1931 WP(C).No. 7002 of 2009(U) ------------------------------ PETITIONER: -------------- MRS.KAMALAMMA THOMAS, WIFE OF LATE THOMAS MATHEW, AGED 75 YEARS, HOUSE No.36/1914, INJAKKAL JUNCTION SOUTH, VALLAKKADAVU P.O., THIRUVANANTHAPURAM. BY MR.P.B.SURESH KUMAR, ADVOCATE. MR.LEO GEORGE, ADVOCATE. RESPONDENTS: ------------------ 1. THIRUVANANTHAPURAM CORPORATION, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM CORPORATION, THIRUVANANTHAPURAM. 2. THE SECRETARY, THIRUVANANTHAPURAM CORPORATION, THIRUVANANTHAPURAM. 3. TOWN PLANNING OFFICER, THIRUVANANTHAPURAM. 4. SURESH BABU, ERA/108, T.C.No.36/1913(1), PERUNTHANNI, THIRUVANANTHAPURAM. BY MR.N.NANDAKUMARA MENON, SC FOR R1 TO R3. MR.P.K.MANOJKUMAR, ADVOCATE, FOR R1 TO R3. MR.A.RAJASEKHARAN NAIR, ADVOCATE, FOR R4. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 7002/2009 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF THE ORDER PASSED BY THE SECOND RESPONDENT DT.3.10.2008. EXT. P2 : COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE SECOND RESPONDENT DT. 8.1.2009. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.7002 OF 2009 ---------------------------------------- Dated this the 27th day of March, 2009 JUDGMENT The petitioner seeks a direction to the 1st respondent Corporation to implement Ext.P1 final order passed under Section 406 of the Kerala Municipality Act for demolition of certain buildings belonging to the 4th respondent. 2. The learned counsel for the 4th respondent produces before me a copy of the order dated 6.2.2009 in Appeal No.769/2008, whereby according to the 4th respondent Ext.P1 order has been set aside directing the 1st respondent to initiate fresh proper proceedings as indicated in the order under Section 406 of the Kerala Municipality Act, without any unnecessary delay, if there are any reason for doing so. In the above circumstances, this writ petition is closed with a direction to the 1st respondent to take appropriate steps as directed by the Tribunal as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to W.P.(C)No.7002/09 2 the petitioner as well as the 4th respondent. This is without prejudice to the right of the petitioner to challenge the said order, if she is so advised. S. SIRI JAGAN, JUDGE Acd