2025:KER:25506 WP(C) NO. 11879 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. TUESDAY, THE 25TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947 WP(C) NO. 11879 OF 2025 PETITIONER: YOHANNAN V.M., AGED 69 YEARS S/O. LATE MATHAI VATTATHETHU, VADAKETHIL HOUSE ANANDAPALLY P O., ADOOR- PATHANATHITTA DISTRICT, PIN - 691523 BY ADVS. L.RAM MOHAN M.AUBREY ABRAHAM ISAAC RESPONDENTS: 1 THE ADOOR MUNICIPALITY, MUNICIPAL OFFICE BUILDING, ADOOR REPRESENTED BY ITS SECRETARY, PIN - 691523 2 THE SECRETARY, ADOOR MUNICIPALITY, MUNICIPAL OFFICE BUILDING, ADOOR, PIN – 691523 2025:KER:25506 WP(C) NO. 11879 OF 2025 2 3 SUSAMMA THOMAS, PUTHENPURAYIL YAHNISSI HOUSE, ANANDAPALLY P O. ADOOR, PATHANATHITTA DISTRICT, PIN – 691523 BY ADV SMT.AMMINIKUTTY.K, SR.G.P THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:25506 WP(C) NO. 11879 OF 2025 3 JUDGMENT The petitioner is the owner of a building numbered as 7/354 and 7/355 situated within the jurisdiction of the 1st respondent Municipality. The grievance of the petitioner is against Ext.P6 notice issued to him by the 2nd respondent under Section 406(1) of the Kerala Municipality Act requiring the petitioner to demolish certain unauthorized constructions in the said building. This writ petition is submitted challenging the same. 2. I have heard Sri.L. Ram Mohan, learned Counsel for the petitioner and Sri.K.Shaj, learned Standing Counsel for the respondents 1 and 2. 3. On perusal of the records, it is seen that, as far as Ext.P6 is concerned, it is only a provisional order issued under Section 406(1) and the petitioner has already submitted his objections as evidenced by Ext.P7. Since it is only a provisional order, the same can be implemented only after a final order as contemplated under Section 406(3) is passed after hearing the 2025:KER:25506 WP(C) NO. 11879 OF 2025 4 petitioner. Therefore, this writ petition is disposed of directing the 2nd respondent to consider Ext.P7 objection submitted by the petitioner and pass final order based on Ext.P6 after giving the petitioner as well as the 3rd respondent an opportunity for being heard. Appropriate orders in accordance with law shall be passed within a period of one month. Till such a decision is taken Ext.P6 shall not be implemented. Sd/- ZIYAD RAHMAN A.A. JUDGE scs 2025:KER:25506 WP(C) NO. 11879 OF 2025 5 APPENDIX OF WP(C) 11879/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF BUILDING TAX RECEIPT FOR THE SHOP ROOM NO 7/354 DATED 23/04/24 BEARING ID NO 30178010002395. Exhibit P2 TRUE COPY OF BUILDING TAX RECEIPT FOR THE SHOP ROOM NO 7/355 DATED 23/04/24 BEARING ID NO 30178010002394. Exhibit P3 TRUE COPY OF THE NOTICE DATED 04/11/24 ISSUED BY THE 1ST RESPONDENT. Exhibit P4 TRUE COPY OF THE REPLY NOTICE DATED 12/11/24 SUBMITTED BY THE PETITIONER. Exhibit P5 TRUE COPY OF THE ORDER DATED 06/06/24 ISSUED BY THE 1ST RESPONDENT. Exhibit P6 TRUE COPY OF THE PROVISIONAL ORDER DATED 28/12/2024 ISSUED U/S 406(1) OF KERALA MUNICIPALITY ACT 1994. Exhibit P7 TRUE COPY OF REPLY NOTICE DATED 22/01/2025 SUBMITTED BY THE PETITIONER.