IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 35527 of 2010(M)
1. DR. P.K.VIJACHANDRAN
... Petitioner
2. MANEYAMMA VIJAYAKUMAR,
3. VALSALA VIJAYAKUMAR,
4. P L ELSIE, W/O.LATE ARULAPPAN,
Vs
1. STATE OF KERALA, REP BY SECRETARY
... Respondent
2. THE DIRECTOR OF MUNICIPAL
3. KALAMASSERY MUNICIPALITY
4. C.C. VARKEY
For Petitioner :SRI.RAJESH. K.RAJU
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :29/11/2010
O R D E R
P.N. RAVINDRAN, J.
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W.P.(C) No.35527 of 2010
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Dated this the 29th day of November, 2010
J U D G M E N T
The petitioners, 4 in number, are residents of Kalamassery Municipality. They own different buildings situated in
different parcels of land. By Exts.P3, P5, P7 and P9 provisional orders
issued under Section 406(2) of the Kerala Municipality Act, 1994, the
Secretary of Kalamassery Municipality has called upon them to show
cause why the canopies put up by them on the roof of their residential
buildings should not be demolished. Exts.P3, P5, P7 and P9 are under
challenge in this writ petition. In my opinion, the writ petition is bad
for misjoinder of causes of action. If the petitioners are aggrieved by
the separate notices issued to them in respect of their separate
buildings under Section 406(2) of the Kerala Municipality Act, they
ought to have challenged the same separately. Further, the orders
challenged are only provisional orders issued under Section 406(2) of
the Kerala Municipality Act. The petitioners can submit their
objections to the Secretary who is bound by law to consider the same
before passing final orders, in terms of Section 406(2) of the Kerala
Municipality Act. In such circumstances, I am constrained to hold that
the writ petition is pre-mature. Further, from the final order passed
under Section 406(2) of the Kerala Municipality Act, an appeal lies to
W.P.(C) No.35527 of 2010
2
the Tribunal for Local Self Government Institutions under Section 509
(6) of the Act. Therefore, for that reason also, I find no grounds to
entertain the writ petition. The writ petition fails and is accordingly
dismissed without prejudice to the right of the petitioners to submit
their objections to Exts.P3, P5, P7 and P9 provisional orders to the
Secretary of Kalamassery Municipality. If such objections are filed
within two weeks from today, the Secretary of Kalamassery
Municipality shall consider the same before passing final orders under
Section 406(2) of the Kerala Municipality Act.
P.N. RAVINDRAN,
JUDGE.
nj.