IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 29TH NOVEMBER 2010 / 8TH AGRAHAYANA 1932 WP(C).No. 35527 of 2010(M) -------------------------- PETITIONER(S): --------------- 1. DR. P.K.VIJACHANDRAN PLOT NO.A.21, (BUILDING NO.11/414 (NEW) SANTHI NAGAR ANNEXE, RAJAGIRI PO,SOUTH KALAMASSERY KOCHI 683 104. 2. MANEYAMMA VIJAYAKUMAR, W/O.LATE B N VIJAYAKUMAR, PLOT NO.A.27,SANTHI NAGAR ANNEXE,RAJAGIRI PO, SOUTH KALAMASSERY KOCHI 683 104. 3. VALSALA VIJAYAKUMAR, W/O.LATE VIJAYAKUMAR, PLOT NO.A.25, SANTHI NAGAR ANNEXE,RAJAGIRI PO, SOUTH KALAMASSERY KOCHI 683 104. 4. P L ELSIE, W/O.LATE ARULAPPAN, PLOT NO.A.24, SANTHI NAGAR ANNEXE,RAJAGIRI PO, SOUTH KALAMASSERY KOCHI 683 104. BY ADV. SRI.RAJESH. K.RAJU RESPONDENT(S): --------------- 1. STATE OF KERALA, REP BY SECRETARY LOCAL SELF GOVERNMENT DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001 2. THE DIRECTOR OF MUNICIPAL ADMINISTRATION, THIRUVANANTHAPURAM 695 001 3. KALAMASSERY MUNICIPALITY KALAMASSERY, REPRESENTED BY SECRETARYA 683 104. 4. C.C. VARKEY PLOT NO A 19, SANTHINAGAR ANNEXE RAJAGIRI PO, SOUTH KALAMASSERY 683 104. BY GOVT. PLEADER SMT.K.R.DEEPA. BY SRI.M.K.ABOOBACKER, SC FOR R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.35527 of 2010 ------------------------------- Dated this the 29th day of November, 2010 J U D G M E N T The petitioners, 4 in number, are residents of Kalamassery Municipality. They own different buildings situated in different parcels of land. By Exts.P3, P5, P7 and P9 provisional orders issued under Section 406(2) of the Kerala Municipality Act, 1994, the Secretary of Kalamassery Municipality has called upon them to show cause why the canopies put up by them on the roof of their residential buildings should not be demolished. Exts.P3, P5, P7 and P9 are under challenge in this writ petition. In my opinion, the writ petition is bad for misjoinder of causes of action. If the petitioners are aggrieved by the separate notices issued to them in respect of their separate buildings under Section 406(2) of the Kerala Municipality Act, they ought to have challenged the same separately. Further, the orders challenged are only provisional orders issued under Section 406(2) of the Kerala Municipality Act. The petitioners can submit their objections to the Secretary who is bound by law to consider the same before passing final orders, in terms of Section 406(2) of the Kerala Municipality Act. In such circumstances, I am constrained to hold that the writ petition is pre-mature. Further, from the final order passed under Section 406(2) of the Kerala Municipality Act, an appeal lies to W.P.(C) No.35527 of 2010 2 the Tribunal for Local Self Government Institutions under Section 509 (6) of the Act. Therefore, for that reason also, I find no grounds to entertain the writ petition. The writ petition fails and is accordingly dismissed without prejudice to the right of the petitioners to submit their objections to Exts.P3, P5, P7 and P9 provisional orders to the Secretary of Kalamassery Municipality. If such objections are filed within two weeks from today, the Secretary of Kalamassery Municipality shall consider the same before passing final orders under Section 406(2) of the Kerala Municipality Act. P.N. RAVINDRAN, JUDGE. nj.