IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 1ST APRIL 2008 / 12TH CHAITHRA 1930 WP(C).No. 10920 of 2008(Y) -------------------------- PETITIONER: ------------ JOY MOOLANS, AGED 38, S/O.VARGHESE, MOOLANS HOUSE, ANGAMALLY. BY ADV. SRI.RAJIV NAMBISAN RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE PERUMBAVOOR MUNICIPALITY, PERUMBAVOOR, REPRESENTED BY ITS SECRETARY. 3. THRESSIA JOSE, AGED 70, W/O.KARIPRA JOSE, KANJIRAKKATTU KARA, PERUMBAVOOR VILLAGE. BY ADV. SRI.V.M.KURIAN,SC,PERUMBAVOOR MUNICIPALI BY S.C. SRI.K.J.MUHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE, J. ---------------------------------- W.P.(C) NO. 10920 of 2008 ---------------------------------- Dated this the 1st day of April , 2008 JUDGMENT It cannot be said that the submissions of the learned Standing Counsel for the Municipality that the petitioner has to exhaust his statutory remedy of appeal available against Ext.P2 before invoking the constitutional jurisdiction of this court is without force. At the same time the submission of Smt. Padmakumari the counsel for the petitioner that Ext.P2 is not preceded by any hearing opportunity to the petitioner has some appeal. I therefore dispose of this writ petition issuing the following directions; The Municipality will treat Ext.P2 as a show cause notice and will finalise the issue taking into account Ext.P3 and after hearing the petitioner as well as the third respondent. Fresh orders, as directed above, will be passed by the Municipality at the earliest and at any rate within one month from today. The WPC No.10920/2008 2 petitioner will be permitted to maintain status quo as obtaining today as regards the advertisement board in question as revealed from Ext.P4 photographs till decision is taken by the Municipality. PIUS C. KURIAKOSE JUDGE dpk