IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 26TH JULY 2010 / 4TH SRAVANA 1932 WP(C).No. 17721 of 2010(M) ----------------------------------------- PETITIONER(S): ----------------------- P.P.UMMERKUTTY, S/O.ABDU, RAHATH MANZIL, NEAR SANGEETHA TALKIES, PAYYAMBALAM, KANNUR-1. BY ADV. SRI.P.K.RAVISANKAR RESPONDENT(S): ------------------------- 1. KANNUR MUNICIPALITY, KANNUR REPRESENTED BY ITS SECRETARY. 2. THE SECRETARY, KANNUR MUNICIPALITY, KANNUR. 3. SAROJINI, W/O.LATE JOHN, MULANJIKKAL HOUSE, THANA, KANNUR-12. 4. BEENA WILLIAM, D/O.LATE JOHN, MULANJIKKAL HOUSE, THANA, KANNUR-12. 5. REENA WILLIAMS, D/O.LATE JOHN, MULANJIKKAL HOUSE, THANA, KANNUR-12. R3-R5 BY ADV. SRI.V.R.KESAVA KAIMAL, SRI.N.M.MADHU. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/07/2010, ALONG WITH WPC NO. 19492 OF 2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.17721/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE NOTICE NO.E4-8554/09 DTD. 25.3.2009 ISSUED BY THE MUNICIPAL ENGINEER OF THE IST RESPONDENT. P2:- COPY OF THE ORDER E4-8054/09 DTD. 8.9.09 ISSUED BY THE 2ND RESPONDENT. P3:- COPY OF THE JUDGMENT DTD. 11.1.2010 IN WPC. NO.36184/09 OF THIS HONOURABLE COURT. P4:- COPY OF THE ORDER 4-8054/09 DTD. 11.2.2010 ISSUED BY THE 2ND RESPONDENT. TRUE COPY P.S. TO JUDGE tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) Nos.17721/2010-M & 19492/2010-J - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of July, 2010. JUDGMENT W.P.(C) No.19492/2010 is filed challenging Ext.P2 order passed by the Municipality and in the other writ petition, the petitioner therein seeks implementation of the same. The petitioner in W.P.(C) No.19492/2010 is the legal heir of one Shri John, who had made certain constructions which are directed to be demolished by Ext.P2 notice. It is pointed out that the petitioner has filed objections to Ext.P2 and even though Ext.P4 complaint was filed before the Municipality, the officers of the Municipality came to the house of the petitioner and asked her to demolish the construction. The main grievance raised by the petitioner in W.P.(C) No.19492/2010 is that no final orders have been passed on Ext.P2 communication. 2. In W.P.(C) No.17721/2010, the grievance raised is that the Municipality is not finalisying the action in spite of the judgment in W.P.(C) No.36184/2009, wherein there is a specific direction to issue notice to the legal representatives and take appropriate action in the matter. 3. The Municipality has filed a counter affidavit in W.P.(C) No.19492/2010, wherein it is mentioned in para 5 that the Secretary of the wpc 17721 & 19492 of 2010 2 Municipality is prepared to give a fresh opportunity of being heard to the petitioners and the legal representatives of late Shri John and take a decision in the matter. 4. In that view of the matter, Ext.P2 will be treated as a show cause notice. There will be a direction to the Secretary of the Municipality to give a personal hearing to both parties and to pass appropriate orders after hearing them, within a period of six weeks from the date of receipt of a copy of this judgment. Further action pursuant to Ext.P2 notice in W.P.(C) No.19492/2010 will depend upon the final order to be passed accordingly. The writ petitions are disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/