IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 7TH DECEMBER 2010 / 16TH AGRAHAYANA 1932 WP(C).No. 35451 of 2010(F) ----------------------------------------- PETITIONER(S): ------------------------ SREEKUMAR, AGED 34 YEARS, S/O.SEKHARAN, BLAVELIL HOUSE, CHERAI (PO), PALLIPURAM VILLAGE, KOCHI TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.B.R.MURALEEDHARAN RESPONDENT(S): --------------------------- 1. PALLIPURAM GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, CHERAI (PO), PALLIPURAM VILLAGE, KOCHI TALUK, ERNAKULAM DISTRICT-683 514. 2. UNION OF INDIA, REP. BY ITS PRINCIPAL SECRETARY, MINISTRY OF ENVIRONMENT AND FOREST, "PARYAVARAN BHAVAN", C.G.O.COMPLEX, LODI ROAD, NEW DELHI-110 003. 3. THE DISTRICT COLLECTOR, COLLECTORATE, KAKKANAD, ERNAKULAM DISTRICT-682 030. 4. KERALA STATE COASTAL ZONE MANAGEMENT AUTHORITY, REPRESENTED BY ITS SECRETARY, SASTHRA BHAVAN, PATTOM, THIRUVANANTHAPURAM-695 004. R1 BY ADV. SRI. T.A. SHAJI, SC R2 BY ADV. SRI. T.P.M.IBRAHIM KHAN, ASST.S.G. OF INDIA R3 BY SR. GOVERNMENT PLEADER SMT. K.R. DEEPA R4 BY ADV. SRI.S.RAMESH,SC,COASTAL ZONE MANAGEMENT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 35451 OF 2010 -------------------------- Dated this the 7th day of December, 2010 J U D G M E N T Ext.P5 provisional order issued by the Secretary of the first respondent Panchayat is under challenge in this writ petition. Under the provisions of section 235 W of the Kerala Panchayat Raj Act (hereinafter referred to as 'the Act' for short) upon receipt of such a provisional order, it is for the petitioner to submit his reply to Ext.P5 provisional order and to show cause why the order should not be made absolute. The Secretary has thereafter to pass final orders either accepting the explanation and dropping the proceedings or directing the unauthorized construction to be demolished and removed. From the final order, an appeal lies to the Tribunal for Local Self Govt. Institutions constituted under section 271 S of the Act. In such circumstances, I am constrained to hold that the challenge to Ext.P5 is premature. The writ petition fails and is accordingly dismissed reserving liberty with the petitioner to object to Ext.P5 provisional order by filing an appropriate objection within 10 days from today. It is clarified that in the event of such an objection being filed, the Secretary shall consider the same and take appropriate decision in the matter after affording the petitioner an opportunity to substantiate his contentions. P.N.RAVINDRAN, (JUDGE) vps WPC No. 2 WPC No. 3