IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE WEDNESDAY, THE 23RD JANUARY 2008 / 3RD MAGHA 1929 WP(C).No. 2778 of 2008() ------------------------ PETITIONER: ------------ K.B.NOUSHAD, PONNY SILKS, OLD BUS STAND, PAYYANNUR, R/AT.KOTTATTIL HOUSE, KALATHUR, THRISSUR DISTRICT. BY ADV. SRI.M.V.AMARESAN RESPONDENTS: ------------- PAYYANNUR MUNICIPALITY, REPRESENTED BY SECRETARY, PAYYANNUR. BY ADVOCATE MR. M. SASINDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE, J. ----------------------------------------------- W.P.(C)No. 2778 OF 2008 ----------------------------------------------- DATED THIS THE 23rd JANUARY, 2008 J U D G M E N T In the nature of the orders which are being issued hereunder, it is not necessary to issue notice to the Municipality. The grievance of the petitioner is that Ext.P2 order issued under Sections 406(1) & (2) of the Kerala Municipalities Act is opposed to law and that a final order under Section 406(3) of the Act has not been passed with notice to the petitioner. A final order under Section 406(3) of the Act should have been preceded by a provisional order and an opportunity to the petitioner should have been given to show cause against confirmation, in as much as Ext.P2 is not preceded by any provisional order, Ext.P2 is lead. There is some merit in the contentions of the counsel for the writ petitioner. 2. Under these circumstances, I dispose of the writ petition directing the petitioner and the Municipality to treat Ext.P2 as a provisional order under Sections 406(1) & (2) of the Act. The petitioner will file explanations to Ext.P2 within 10 days from the date of receipt of a copy of this judgment and if explanations are filed within that time, the Municipality will consider those explanations, hear the petitioner and then only finalise the action by issuing a final order WP(C)No2778/2008. -2- under Section 406(3) of the Act. Finalisation as directed above shall be made by the Municipality within three weeks of the petitioner filing explanation to Ext.P2. Till such time as final confirmation orders are passed after considering the explanation, the structure put up by the petitioner shall not be demolished by the Municipality. (PIUS C.KURIAKOSE, JUDGE) ks. WP(C)No2778/2008. -3-