Disposed

Sasindran K.K., v. Unnikulam Grama Panchayat

Kerala HC10 Jul 2019WP(C)/15470/2019

Case brief

AI extract

What is this about?

The High Court of Kerala, observing the Tribunal for Local Self Government Institutions is understaffed and adjourned while a court holds charge, directed the petitioner to approach that holding court for relief regarding the interim order and pending appeals instead of granting a writ of mandamus.

What did the court decide?

The petitioner is directed to move an application before the II Additional District Court, Thiruvananthapuram (holding charge of the Tribunal) for modification or vacation of the interim order.

Sasindran K.K., Vs Unnikulam Grama Panchayat — Writ and Judicial Review | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

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WEDNESDAY, THE 10TH DAY OF JULY 2019 / 19TH ASHADHA, 1941

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WP(C).No.15470 of 2019

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PETITIONER/S:

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SASINDRAN K.K., AGED 46 YEARS, S/O.KONADI, RESIDING AT KIZHAKKEKKARA, UNNIKULAM, EKAROOL, KOZHIKODE 673 574.

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BY ADV. SRI.BIJU ABRAHAM

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RESPONDENT/S:

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1 UNNIKULAM GRAMA PANCHAYAT, EKAROOL P.O, KOZHIKKODU DIST, PIN 673 574. REPRESENTED BY ITS SECRETARY.

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2 MUHAMMED ISMAIL MAKKI, AGED 42 YEARS, S/O.MOIDEEN HAJI, ANAPPARAKKAL HOUSE, POONOOR, UNNIKULAM P.O, KOZHIKODE 673 574.

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3 TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, TRIVANDRUM 695 001, REPREP. BY ITS SECRETARY.

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BY ADVS. SRI.R.SUDHISH SMT.JASILA BEEVI V.K. SMT.K.P.SUSMITHA SMT.M.MANJU SRI.T.M.KHALID SRI.VINOD SINGH CHERIYAN

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OTHER PRESENT:

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SRI K.P. HARISH- SENIOR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.07.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P.C.15470/2019

JUDGMENT

The petitioner is the appellant in Appeal No.702/2018 on the file of the Tribunal for Local Self Government Institutions, which is an appeal filed under Rule 151 of the Kerala Panchayath Building Rules, 2011 read with the relevant provisions under the Kerala Panchayath Raj Act, 1994, challenging a building permit dated 16.12.2017 issued by the Secretary of the 1^st respondent Grama Panchayath, in favour of the 3^rd respondent. The petitioner is also the 5^th respondent in Appeal No.777/2018, which is one filed by the 2^nd respondent herein against a stop memo issued by the Secretary of the Grama Panchayath.

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In Appeal No.702/2018, the Tribunal for

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Local Self Government Institutions is yet to pass an interim order. In appeal No.777/2018,

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the 2^nd respondent has been granted Ext.P5

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W.P.C.15470/2019

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interim order. The grievance of the petitioner is that, there is no regular sitting before the Tribunal for Local Self Government Institutions. Only fresh appeals and interlocutory applications alone are being considered by the II Additional District Court, which is holding charge of the Tribunal. The petitioner has filed this writ petition seeking a writ of mandamus commanding the 3^rd respondent Tribunal for Local Self Government Institutions to stay the effect and implementation of Ext.P5 order dated 12.12.2018 till the final disposal of Exts.P1 and P4 pending before the 3^rd respondent. The petitioner has also sought a writ of mandamus commanding the 3^rd respondent to hear and dispose of Exts.P1 and P4 appeals within a time limit.

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On 06.06.2019 when this writ petition

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came up for admission, urgent notice on

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W.P.C.15470/2019

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admission by special messenger was ordered to respondents 1 and 2. The learned Government

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Pleader sought time to get instructions.

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came up for consideration, the learned Government Pleader pointed out that the Additional District Judge (Fast Track-I),

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Thiruvananthapuram is holding charge of the Tribunal and fresh matters are being moved

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before that court at 3.00 pm.

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On 25.06.2019, when this writ petition

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came up for consideration, this Court passed the following order:

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“Since various writ petitions are filed before this Court seeking interim relief on the ground that there is no regular sitting in the Tribunal for Local Self Government Institutions, it is for the learned Government Pleader to get institutions from the Government as to the reason for delay in issuing notification appointing a Presiding Officer for that Tribunal.”

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W.P.C.15470/2019

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petitioner, the learned Standing Counsel for the 1^st respondent Grama Panchayath, learned

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counsel for the 2^nd respondent and also the

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learned Government Pleader for the 3^rd

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respondent Tribunal.

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The learned Government Pleader, on

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instructions, would submit that the II

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Additional District Court, Thiruvananthapuram is also considering interlocutory applications

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in the appeals/revisions which are pending consideration before the Tribunal for Local Self Government Institutions and also fresh appeals/revisions for admission. Therefore, the

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petitioner can move the interlocutory applications filed in Appeal No.702/2018 and/or file an application in Appeal No.777/2018 for modification of/to vacate of Ext.P5 interim order before the Court holding charge of the

W.P.C.15470/2019

Tribunal.

Having considered the submissions made by the learned counsel on both sides, this Court finds that since the Government yet to issue notification appointing Presiding Officer for Tribunal for Local Self Government Institutions, the II Additional District Court, Thiruvananthapuram is considering the interlocutory applications in pending

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appeals/revisions and also entertaining fresh appeals/revisions listed for admission. Therefore, it is for the petitioner to move the interlocutory application filed in Appeal No.702/2018 and/or to move on application for modification or/to vacate Ext.P5 interim order in appeal No.777/2018 before the II Additional District Court, Thiruvananthapuram holding charge of the Tribunal. If any such application is moved, the said court shall consider the

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W.P.C.15470/2019

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same and pass appropriate orders, strictly in accordance with law, within a period of two weeks, with notice to both sides.

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It is made clear that any construction undertaken by the 2^nd respondent pending consideration of the interlocutory application in Appeal No.702/2018 will be subject to the outcome of that appeal.

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Sd/-

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ANIL K.NARENDRAN JUDGE

W.P.C.15470/2019

APPENDIX

PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 A TRUE COPY OF THE APPEAL NO. 702/2018 ON THE FILES OF THE 3RD RESPONDENT FILED BY THE PETITIONER.

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EXHIBIT P2 A TRUE COPY OF THE PROCEEDINGS DATED 15-11-2018 OF THE 1ST RESPONDENT

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EXHIBIT P3 A TRUE COPY OF THE ORDER DATED 17-052018 OF THE 1ST RESP[ONDENT

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EXHIBIT P4 A TRUE COPY OF THE APPEAL NO. 777 OF 2018 FILED BY THE 2ND RESPONDENT BEFORE THE 3RD RESPONDENT

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EXHIBIT P5 A TRUE COPY OF THE ORDER IN I.A NO. 1784 OF 2018 IN APPEAL NO. 777 OF 2018 DATED 12-12-2018

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RESPONDENT'S/S EXHIBITS:

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EXHIBIT R1(A) COPY OF THE COUNTER STATEMENT FILED BY THE PANCHAYAT IN APPEAL NO.702/2018 BEFORE HONOURABLE TRIBUNAL FOR LSGI

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EXHIBIT NO.R1(B) COPY OF THE COUNTER STATEMENT FILED BY THE PANCHAYAT IN APPEAL NO.777/2018 BEFORE HONOURABLE TRIBUNAL FOR LSGI

Sasindran K.K., v. Unnikulam Grama Panchayat

Case brief

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Sasindran K.K., v. Unnikulam Grama Panchayat

Case brief

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