IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 9TH DECEMBER 2009 / 18TH AGRAHAYANA 1931 WP(C).No. 35408 of 2009(U) -------------------------- PETITIONER(S): --------------- M.ABDUL JALEEL, PATTERN GARMENTS, K.R.VIJAYAN SHOPPING COMPLEX, MAIN ROAD, NORTH PARAVUR, ERNAKULAM DISTRICT, PIN-683 513. BY ADV. SRI.ANIL K.NARENDRAN RESPONDENT(S): --------------- 1. THE PARAVUR MUNICIPALITY, MUNICIPAL OFFICE, NORTH PARAVUR, ERNAKULAM DISTRICT, PIN-683 513, REPRESENTED BY ITS SECRETARY. 2. KRISHNANKUTTY PANICKER, GENERAL SECRETARY, PARAVUR BLOCK CONGRESS (I) COMMITTEE, PERINGODATHU HOUSE, KEDAMANGALAM, NORTH PARAVUR, ERNAKULAM DISTRICT, PIN-683 513, R1 BY SC T A SHAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J ........................................... WP(C).NO.35408 OF 2009 ............................................ DATED THIS THE 9TH DAY OF DECEMBER, 2009 JUDGMENT The first respondent Municipality has issued impugned Ext.P2 which, though captioned as a notice, contains a direction to remove certain structures within 24 hours. The petitioner has submitted Ext.P3 objection. He is entitled to be heard on that. Accordingly, it is ordered that Ext.P2 will be treated as “provisional order”; the petitioner would be heard on his objections thereto and a final decision will be issued by the Secretary of the first respondent within a period of one month from the date of receipt of a copy of this judgment. Until such a decision is taken, the further enforcement of Ext.P2 will stand suspended and the petitioner shall also not carry on with any further construction activity, which is sought to be Wpc 35408/09 2 forbidden as per Ext.P2. All issues on merits are left open. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/10/12