IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 27TH FEBRUARY 2009 / 8TH PHALGUNA 1930 WP(C).No. 30557 of 2008(K) -------------------------- PETITIONER(S): ------------------ ITTOOP, S/O.OUSEPH, AGED 62 YEARS, MALIAKKAL HOUSE, WARD NO.III, ANGAMALY MUNICIPALITY, ANGAMALLY. BY ADV. MR.RAJIV NAMBISAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY FOR LOCAL SELF GOVERNMENT ADMINISTRATION, THIRUVANANTHAPURAM. 2. SECRETARY, ANGAMALLY MUNICIPALITY, ANGAMALLY. 3. T.P.LAIJU, S/O.POULO, AGED 38 YEARS, THEKKEDATH, ANGAMALLY. ADV. MR.P.SANTHALINGAM, SENIOR ADVOCATE FOR R2 MR.S.SHARAN FOR R2 MR.WILSON URMESE FOR R3 GOVERNMENT PLEADER MS. K.R. DEEPA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 30557 of 2008 EXT.P1: COPY OF REMINDER LETTER DTD 2.7.2008. EXT.P2: COPY OF THE ORDER OF THE R2 DTD 25.6.2008. EXT.P3: COPY OF THE LAWYER NOTICE DATED 4.8.08. RESPONDENT'S EXHIBITS EXT.R3 (a): PHOTOGRAPH OF THE COURTYARD. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.30557 OF 2008 ---------------------------------------- Dated this the 27th day of February, 2009 JUDGMENT The petitioner seeks a direction to the 2nd respondent to implement Ext.P2 order . But I find that Ext.P2 order is only a provisional order under Section 406(1) of the Kerala Municipality Act. Therefore, the 2nd respondent is bound to pass final orders pursuant to Ext.P2, after considering the objections of the 3rd respondent. In the above circumstances, this writ petition is disposed of with a direction to the 2nd respondent to pass final orders pursuant to Ext.P2 as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner as well as the 3rd respondent. S. SIRI JAGAN, JUDGE Acd