The main legal point established in the judgment is that the notification issued under S.142 of the Kerala Panchayat Act, 1960 continues to be in force with suitable modifications referable to the corresponding provisions of the Municipality Act, 1994.

P. Shanmugam, J.

The question that arises for consideration in this Original Petition is whether the notification issued under S.142 of the Kerala Panchayat Act, 1960 continues to be in force.

2. The Panchayat Act 1960 was repealed by the Kerala Panchayat Raj Act, 1994 (Act 13 of 1994) with effect from 23.4.1994. S.142 of 1960 Act provided for extension and adoption of certain provisions of the Municipalities Act and the Rules made thereunder. The notification that was made in G.O. (MS) No. 31/87/LAD dated

. 6.2.1987 is as follows:

"S.R.O. No. /87 - In exercise of the powers conferred by sub-s.(1) of S.142 of the Kerala Panchayats Act, 1960 (32 of 1960), and at the request of the Mallappally Panchayat in Pathanamthitta District in its Resolution No. XI dated the 15th July, 1986, the Government of Kerala hereby declare that the provisions of the law relating to the Municipalities mentioned in the Schedule below shall be extended to, and be in force, in the Mallappally Panchayat in Pathanamthitta District with effect from 15.2.1987.

SCHEDULE

Clauses(3), (4), (16), (17), (18), (21), (22), (24), (28), (30),(33), (34) and (39) of Ss.3, S.191 to 249 (Chapter IX and X), Ss.347, 348, 349, 350, 352, 355, 359, 363, 364, 365, 376 and 377 and the provisions regarding the penalties specified in Schedule V and VI of the Kerala Municipalities Act, 1960 (14 of 1961), and all provisions of the Kerala Buildings Rules 1984".

The relevant section immediately concerned in this case is S.247 of the Kerala Municipalities Act, 1960 corresponding to S.406 of the Kerala Municipalities Act, 1994 dealing with demolition of a Building unlawful commenced or completed.

3. The Municipalities Act, 1960, was repealed by the Kerala Municipality Act, 1994 which has come into force on 30.5.1994. S.575(2)(ii) of the Municipalities Act, 1994 states that the rules and notifications issued under the Municipalities Act, 1960 will continue until superseded or amended or modified.

4. S.274 of the Panchayat Raj Act, 1994, provides for extension of Municipal laws or the rules made thereunder. S.284 of the Panchayat Raj Act, 1994 also provides for savings of all notifications and rules issued under the Panchayat Raj Act. Sub-s.(2)(i) of S.284 of the Panchayat Raj Act, 1994, states that notifications made under the earlier Act would continue to be in force as if made under the new Act until superseded. On the date of the coming into force of the Panchayat Raj Act, 1994, the notification that was in force was G.O. (MS) No. 31/87/ LAD dated 6.2.1987 which was issued in exercise of power conferred under S.142 of the Panchayat Act, 1960 and hence the notification will continue by virtue of the saving clause under 1994 Act. By 30.5.1994, within six days after the new Panchayat Raj Act came into force, the Municipalities Act, 1960 was repealed. The operation of all the provisions of the Municipalities Act, 1960, has ceased to be in existence. Now the question is whether the extension of Municipal laws to the Panchayat survives the repeal of the old Panchayat Act as well as old Municipalities Act.

5. Before going to the question it is worth while to refer to the relevant provisions of the Act. S.142 of the Panchayat Act, 1960 provides for extension of the Municipal Act or the Rules thereunder. The section is as follows:

"Extension of provisions of the Municipal Actor the rules thereunder:- (1) The Government may, whether at the request of the Panchayat or otherwise, by notification, in the Gazette declare that any of the provisions of the law relating to the Municipalities in force for the time being or of any rules made thereunder, shall be extended to, and be in force in, a Panchayat area or any specified place therein.

(2) The provisions so notified shall be construed with such alterations not affecting the substance as may be necessary or proper for the purpose of adapting them to the Panchayat area or specified place therein.

(3) Without prejudice to the generality of the fore