NADHIRA BHANU Vs. STATE OF KERALA

JUDGEMENT

(1.) HEARD Sri.Alias.M.M., the learned counsel for the petitioner, Sri.S.Subhash Chand the learned standing counsel for the 2nd respondent, Sri.Mathew G.Vadakkal, the learned Government Pleader for the first respondent and Sri.V.V.Nandagopal Nambiar, the learned counsel for the 3rd respondent.

(2.) SRI.S.Subhash Chand, the learned counsel for the Municipality submits that on 20.12.2006, the Municipal Secretary has passed an order on the basis of a hearing which was conducted earlier and relying on his impressions gathered on the site inspection which was conducted on 3.1.2006. A copy of the order dated 20.12.2006 is handed over to me by the counsel and also to the learned counsel for the petitioner . As rightly submitted by SRI.Subhash Chand, the order dated 20.12.2006 is an order appealable to the Tribunal for Local Self Government Institutions. Hence I relegate the petitioner to remedy by way of appeal and dispose of this writ petition without deciding the grounds raised. However, there will be a direction to the Municipality not to interfere with the order dated 20.12.2006 for a period of one month from today. The Municipality will ensure that a copy of the order dated 20.12.2006 is communicated to the petitioner within two weeks from today.