The petitioner has approached this Court

impugning Ext.P9 order, issued by the 2^nd

respondent-Secretary of the Thalassery

Municipality, under the provisions of Section

406 of the Kerala Municipality Act asking her

to

demolish

a

small

toilet/latrine

constructed by her next to her property, on

the allegation that the area where the said

structure has been constructed does not

belong to her.

2.

The petitioner says that prior to

Ext.P9, Ext.P4 notice had been issued to her,

wherein again, it was accused that she had

constructed the toilet/latrine in a property

that does not belong to her and the

petitioner says that she had replied to the

same through Ext.P6 objections, wherein, she

has explained that she is in possession of

the property in question, conceding that

there are certain civil litigations between

her family members, which are still pending

in a Civil Court.

WP(C).No.29617 OF 2019 3

3.

The petitioner says that the

Municipality, however, has pre-judged the

title of the parties and has virtually found

that she is not entitled to the ownership or

possession of the same, as if they are a

Civil Court, thus issuing Ext.P9 and

subsequen