High Court Kerala High Court

Rajalakshmi vs The Palakkad Municipality on 21 January, 2010

Kerala High Court
Rajalakshmi vs The Palakkad Municipality on 21 January, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 904 of 2010(K)


1. RAJALAKSHMI, D/O.NATARAJAN,
                      ...  Petitioner

                        Vs



1. THE PALAKKAD MUNICIPALITY,
                       ...       Respondent

2. THE SECRETARY,

                For Petitioner  :SRI.BINOY VASUDEVAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :21/01/2010

 O R D E R
                      ANTONY DOMINIC, J.
                    ================
                  W.P.(C) NO. 904 OF 2010 (K)
                =====================

           Dated this the 21st day of January, 2010

                         J U D G M E N T

The challenge in this writ petition is against Ext.P3, an order

requiring the petitioner to demolish the structure mentioned

therein. The main contention raised by the counsel for the

petitioner is that contrary to what is stated in Ext.P3, neither the

provisional order under Section 406(1) nor the final order under

Section 406(3) were served on her.

2. The case was adjourned for the instruction of the

learned standing counsel appearing for the Municipality and an

opportunity was given to produce documents to prove that

provisional order and the final order were served on the

petitioner. However, no document whatsoever could be

produced, and therefore, this Court is led to think that what the

petitioner contends is factually correct. In view of the above,

Ext.P3 order in the form in which it is issued cannot be sustained.

3. Having regard to the fact that even 406(1) provisional

order was not served on the petitioner, it is directed that Ext.P3

will be treated as provisional order under Section 406(1) of the

WPC 904/10
:2 :

Municipalities Act and within two weeks from today, it will be open

to the petitioner to file reply thereto. Thereafter, with notice to the

petitioner final orders in the matter will be passed and

communicated to her.

Writ petition is disposed of as above.

ANTONY DOMINIC, JUDGE
Rp