JUDGMENT

Petitioner has approached this Court, challenging Ext.P1 order issued by the Thrikkakara Municipality under Section 406(3) of the Kerala Municipalities Act, 1994 (hereinafter referred to as ‘the Act’). It is the case of the petitioner that Ext.P1 order was issued without notice to her.

2. When this matter is taken up for consideration today, learned Standing Counsel appearing for the Municipality would submit that notice of the proceedings was given to the father of the petitioner, from whom the petitioner has obtained the property in terms of Ext.P2 settlement deed. It is submitted that the provisional order issued under Section 406(1) of the Act can be served on the petitioner and thereafter fresh final orders under Section 406(3) of the Act can be issued after affording an opportunity of hearing to the petitioner.

3. Taking into consideration the submission made by the learned Standing Counsel appearing for the Municipality, this writ petition will stand disposed of in the following manner:-

(i) Ext.P1 order issued under Section 406(3) of the Act will stand set aside, without prejudice to the right of the Municipality to pass fresh orders, after affording an opportunity of