IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 1ST JULY 2009 / 10TH ASHADHA 1931 WP(C).No. 18305 of 2009(G) -------------------------- PETITIONER(S): --------------- MARTIN.A.JERALD, AGED 41 YEARS S/O.LATE A.R.JOSEPH, 41/2064, KALABHAVAN ROAD, KOCHI -18. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT(S): --------------- 1. THE KALAMASSERY MUNICIPALITY REPRESENTED BY ITS SECRETARY, MUNICIPAL BHAVAN, KALAMASSERY. 2. THE SECRETARY, THE KALAMASSERY MUNICIPALITY, MUNICIPAL BHAVAN, KALAMASSERY. 3. T.A.ABDUL SALAM, UNIT PRESIDENT, INTUC, HMT COLONY UNIT, KALAMASSERY. R1, R2 BY ADV.SRI.M.K.ABOOBACKER, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.18305 OF 2009 ------------------------------------------- Dated this the 1st day of July, 2009 JUDGMENT The petitioner challenges a provisional notice issued under Section 406 of the Kerala Municipality Act. According to him, the action taken is impermissible in view of the provisions of Section 405 of that Act. That contention is to be included in the challenge to the impugned action, either by way of objections to the impugned notice or by appropriate challenge before the Tribunal against proceedings which get concluded. At any rate, in view of the rainy season and because men and materials are involved in carrying out the work in question, it is impermissible for the Municipal Authorities to delay the conclusion of the hearing on the provisional notice. Therefore, it is ordered that if the petitioner files objections to the impugned notice, the Secretary of the Municipality shall conclude the hearing and issue final orders, either way, stating reasons, within a period of one week from the date of receipt of such objections and a copy of this judgment. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.1/7.