IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 1ST DECEMBER 2008 / 10TH AGRAHAYANA 1930 WP(C).No. 35341 of 2008(G) ----------------------------------- PETITIONER: ---------------- V.NADARAJAN, S/O.VELU, V.K.M. COTTAGE, IKKA NAGAR, MUNNAR. BY ADV. SRI.T.I.ABDUL SALAM SRI. K. RANGE RESPONDENT: ----------------- MUNNAR GRAMA PANCHAYAT MUNNAR P.O., IDUKKI, REP. BY ITS SECRETARY (SPECIAL GRADE). BY GOVERNMENT PLEADER SMT. DEEPA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No. 35341 OF 2008 ---------------------------------------- Dated this the 1st day of December, 2008 JUDGMENT The petitioner challenges Ext.P5 order stated to be issued under Section 406(2) of the Kerala Municipality Act in respect of alleged unauthorised construction made by the petitioner. On a reading of the same, it is clear that it is only a provisional order directing the petitioner to show cause why it should not be confirmed. That being so, whether Section 406(2) of the Kerala Municipality Act applies to the case or not, I have no reason to suspect that the Panchayat would take any action for demolition of the petitioner's building without passing final orders as contemplated under Ext.P5 itself after hearing the petitioner. In that view, I am not satisfied that any interference is called for at this juncture, except to observe that the Panchayat would not take any action before passing final orders as proposed in Ext.P5. W.P.(c)No.35341/08 2 Accordingly, without prejudice to the right of the petitioner to file objections against Ext.P5 and get the matter heard, this writ petition is disposed. S. SIRI JAGAN, JUDGE Acd