IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 12TH JANUARY 2010 / 22TH POUSHA 1931 WP(C).No. 1022 of 2010(C) ------------------------- PETITIONER(S): ------------------ 1. LISSY MATHEW, AGED ,W/O. P.M.MATHEW, PALATHARA PUTHENPURAYIL, VASHAPPILLY EAST VILLAGE, CHANGANACHERRY. 2. JOSE THOMAS, AGED 57,S/O.LATE T.J.THOMAS THEKKEKARA VATTAPPALLY,M/S.NEW ORMA MARBLES, PALATHARA BUILDING, CHANGANACHERRY. BY ADV. SRI.PRAVEEN K. JOY SRI.ADEEP ANWAR RESPONDENT(S): ------------------- 1. CHANGANACHERRY MUNICIPALITY, CHANGANACHERRY, REP. BY ITS SECRETARY. 2. SECRETARY, CHANGANACHERRY MUNICIPALITY, CHANGANACHERRY. SRI.SIBY MATHEW, SC FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 1022 OF 2010 (C) ===================== Dated this the 12th day of January, 2010 J U D G M E N T Heard the counsel for the petitioners and the Standing counsel for the Municipality. The challenge in this writ petition is against Ext.P10, a provisional order issued by the Municipality under Section 406(1) of the Kerala Municipalities Act. 2. If aggrieved, the petitioners can file their objections to Ext.P10 and thereafter it is for the Municipality to pass orders under Section 406(3). Since that statutory course of action is available to the petitioners, the writ petition is disposed of with the following directions:- (1) That within two weeks from today, it will be open to the petitioners to file their objections to Ext.P10. (2) On receipt of such objections, the Municipality shall pass final orders in the matter with notice to the petitioners. (3) Petitioners may produce a copy of this judgment before the Municipality for compliance. Although the counsel for the petitioners sought stay of all WPC 1022/2010 :2 : further proceedings pursuant to Ext.P10, having regard to the fact that it is only a provisional order, I have no reason to think that any coercive action will be taken by the Municipality as apprehended. ANTONY DOMINIC, JUDGE Rp