Allowed

Prathapan K R., v. the Tribunal for Local Self Governemnt Institutions

Kerala HC1 Dec 2022WP(C)/16917/2022

Case brief

AI extract

What is this about?

In this writ petition, the petitioner challenged interim orders of the LSGI Tribunal passed without disposing of main appeals regarding building and establishment permits. The Court directed the Tribunal to dispose of the pending appeals within two months.

What did the court decide?

The petitioner was directed to ensure disposal of appeals by the Tribunal within two months from the date of receipt of this judgment copy.

Prathapan K R., Vs the Tribunal for Local Self… — Municipal and Town Planning | Kerala HC (2022)

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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 MURALI PURUSHOTHAMAN

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THURSDAY, THE 1ST DAY OF DECEMBER 2022 / 10TH AGRAHAYANA, 1944

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WP(C) NO. 16917 OF 2022

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PETITIONER:

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PRATHAPAN K R.,
S/O.THE LATE RAJAPPAN, AGED 68 YEARS, 'VAISAKH', KAYIPPURAM,
MUHAMMA P.O, ALAPPUZHA -688525

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BY ADVS.
K.SIJU
S.ABHILASH
ANJANA KANNATH
T.S.SREEKUTTY

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RESPONDENTS:

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1 THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, CHALAKKUZHI, THIRUVANANTHAPURAM - 695011 REPRESENTED BY ITS SECRETARY.

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2 MUHAMMA GRAMA PANCHAYAT,MUHAMMA P.O, ALAPPUZHA, 688525 REPRESENTED BY ITS SECRETARY

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3 THE SECRETARY,MUHAMMA GRAMA PANCHAYAT, MUHAMMA P.O, ALAPPUZHA, 688525.

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4 THE ENVIRONMENTAL ENGINEER,KERALA STATE POLLUTION CONTROL BOARD, AMC/X/501, THATHAMPALLY P.O., ALAPPUZHA - 688 013

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5 JIBIN.G, S/O.GOPALAKRISHNAN, KUDILIVELIYIL, KAYIPPURAM, MUHAMMA P.O, ALAPPUZHA - 688525.

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6 LAILA, W/O.GOPALAKRISHNAN, KUDILIVELIYIL, KAYIPPURAM, MUHAMMA P.O, ALAPPUZHA - 688525

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BY ADVS.

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J.OM PRAKASH

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T.JAYAKRISHNAN

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R.KRISHNAKUMAR (CHERTHALA)

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

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01.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.16917 of 2022.

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JUDGMENT

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Dated this the 1 st day of December, 2022 .

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Against Ext.P1 building permit issued by the 2^nd respondent in respect of the industrial unit of respondents 5 and 6, the petitioner has preferred Ext.P2 appeal before the Tribunal for Local Self Government Institutions (for short, 'the Tribunal'). Respondents 5 and 6 have also preferred an appeal, viz; Ext.P7, challenging Ext.P6 resolution of the Panchayat rejecting establishment permit. The grievance of the petitioner is that the Tribunal, without disposing of Exts.P2 and P7 appeals, passed Exts.P9 to P11 interim orders which have substantially affected the rights of the petitioner. According to the petitioner, the delay in disposing of the

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W.P.(C) No.16917 of 2022.

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appeals is causing substantial prejudice to him. The petitioner therefore prays for direction to the Tribunal to dispose of Exts.P2 and P7 appeals in a time bound manner.

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Heard the learned counsel for the petitioner, the learned counsel for the Panchayat, the learned Standing Counsel for the Pollution Control Board and the learned counsel for respondents 5 and 6.

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In the nature of the contentions raised in this writ petition and having regard to the submissions made by the learned counsel on both sides, I feel it appropriate to direct the 1^st respondent to dispose of Exts.P2 and P7 appeals within a time frame. Accordingly, there will be a direction to the 1^st respondent to dispose of Exts.P2 and P7 appeals within a period of two months from the date of receipt of a copy of this judgment. Till such time, the

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W.P.(C) No.16917 of 2022.

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interim order granted by this Court on 01.06.2022 will continue.

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Sd/-

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MURALI PURUSHOTHAMAN JUDGE

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Raj. 01.12.2022.

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W.P.(C) No.16917 of 2022.

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APPENDIX OF WP(C) 16917/2022

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PETITIONER EXHIBITS

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Exhibit P1THE COPY OF GENERAL BUILDING PERMIT
DATED 3.7.2021 VIDE NO.13 BA (162316)
2021 ISSUED BY THE 2ND RESPONDENT.

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Exhibit P1(A)THE COPY OF APPROVED PLAN DATED
2.8.2021
Exhibit P2THE COPY OF APPEAL MEMORANDUM DATE
18.11.2021 IN APPEAL NO.591/2021 ON
THE FILE OF TRIBUNAL FOR
THIRUVANANTHAPURAM.
Exhibit P3THE COPY OF CONSENT TO ESTABLISH
ISSUED BY THE 4TH RESPONDENT DATED
9.6.2021

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Exhibit P4THE COPY OF WRITTEN STATEMENT
24.12.2021 FILED BY THE RESPONDENTS 3
AND 4 IN APPEAL NO.591/2021
Exhibit P5THE COPY OF ORDER DATED 3.1.2022 IN
I.A NO.1249/2021 IN APPEAL NO.591/2021
Exhibit P6THE COPY OF RESOLUTION NO.6(1) DATED
14.3.2022 PASSED BY MUHAMMA GRAMA
PANCHAYAT

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Exhibit P7THE COPY OF APPEAL MEMORANDUM IN
APPEAL NO.243/2022 DATED 9.4.2022
Exhibit P7 (A)THE COPY OF I.A NO.545/2022 IN APPEAL
NO.243/2022

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W.P.(C) No.16917 of 2022.

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Exhibit P8THE COPY OF OBJECTION ALONG WITH
DOCUMENTS ANNEXED HEREWITH FILED IN IA
NO 545/2022 IN APPEAL NO:243/2022
DATED 30.4.2022
Exhibit P8(A)THE COPY OF ADDITIONAL DOCUMENTS 1 TO
4 SUBMITTED IN APPEAL NO.591/2021 BY
THE PETITIONER DATED 30.4.2022
Exhibit P9THE COPY OF ORDER DATED 17.5.2022 IN
LA NO.545/2022 IN APPEAL NO 243/2022

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Exhibit P10THE COPY OF ORDER DATED 17.5.2022 IN
IA NO. 342/2022 IN APPEAL NO.591/2021
ON THE FILE OF LSGI TRIBUNAL,
THIRUVANANTHAPURAM
Exhibit P11THE COPY OF ORDER DATED 17.5.2022 IN
1A NO 660/2022 IN APPEAL NO. 591/2021
ON THE FILE OF LSGI TRIBUNAL,
THIRUVANANTHAPURAM

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Exhibit P12THE COPY OF ACKNOWLEDGMENT CERTIFICATE
DATED 7.1.2022 ISSUED TO THE
ESTABLISHMENT OF THE RESPONDENTS 5 AND
6.

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RESPONDENT EXHIBITS

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Exhibit R5(a)A TRUE COPY OF THE COMMUNICATION NO.B-
292/2022 DATED 13.07.2022 ISSUED BY
THE INSPECTOR OF FACTORIES & BOILERS
GR-I, ALAPPUZHA.
Exhibit R5(b)A TRUE COPY OF THE COMPLAINT FILED BY
THE PETITIONER AND OTHERS BEFORE THE

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W.P.(C) No.16917 of 2022.

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INSPECTOR OF FACTORIES & BOILERS GR-I,
ALAPPUZHA DATED 22-09-2021 AND THE
REPORT OF THE INSPECTOR OF FACTORIES &
BOILERS GR-I, ALAPPUZHA DATED 06-01-
2022.

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Exhibit R5(c)A TRUE COPY OF THE COMMUNICATION NO.
C-5542/2021 DATED 05-01-2022 ISSUED BY
THE DISTRICT FIRE OFFICER, ALAPPUZHA.
Exhibit R5(d)A TRUE COPY OF THE COMPLAINT FILED BY
THE PETITIONER AND OTHERS BEFORE THE
DISTRICT FIRE OFFICER, ALAPPUZHA DATED
22-09-2021 AND THE REPORT OF THE
STATION OFFICER, FIRE AND RESCUE
STATION, CHERTHALA DATED 20-11-2021.

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Exhibit R5(e)A TRUE COPY OF THE DECISION NO.17(1)
OF THE 2ND RESPONDENT DATED 18-06-
2022.

Prathapan K R., v. the Tribunal for Local Self Governemnt Institutions

Case brief

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Prathapan K R., v. the Tribunal for Local Self Governemnt Institutions

Case brief

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