Disposed

Rabiya Kattayath Thazhath v. the Tribunal for Local Self Government Institutions

Kerala HC3 Nov 2022WP(C)/33351/2022

Case brief

AI extract

What is this about?

This single-judge order closed a writ petition seeking directions for the disposal of an appeal filed before the Local Self Government Tribunal. The court recorded the Tribunal's report indicating disposal within two weeks and directed disposal within that timeframe.

What did the court decide?

The Tribunal shall endeavor to dispose of Ext.P2 appeal within two weeks, before 23.11.2022.

Rabiya Kattayath Thazhath Vs the Tribunal for… — Pension and Retirement Benefits | 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 3^RD DAY OF NOVEMBER 2022/12TH KARTHIKA, 1944

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WP(C) NO. 33351 OF 2022

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PETITIONERS:

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1 RABIYA KATTAYATH THAZHATH AGED 52 YEARS W/O. HAMZA KALATHINGAL, SAHEERA MANZIL, AYIKKARAPADI P. O, MALAPPURAM DISTRICT, PIN – 673 638. 2 HAMZA KALATHINGAL AGED 59 YEARS S/O. MOHAMMED KUTTY KALATHINGAL, SAHEERA MANZIL, AYIKKARAPADI P. O, MALAPPURAM DISTRICT, PIN – 673 638.

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BY ADVS. V.R.REKESH UNNIKRISHNAN R.

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RESPONDENTS:

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1 THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS GWFJ-26X, CHALAKKUZHI ROAD, CHALAKKUZHI, THIRUVANANTHAPURAM DISTRICT, PIN – 695 011. 2 CHERUKAVU GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, SH-28, PERIAMBALAM, PULICKAL P. O, MALAPPURAM, PIN – 673 637.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.33351 OF 2022

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JUDGMENT

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The petitioners have preferred Ext.P2 appeal under Section 276 (4) of the Kerala Panchayat Raj Act, 1994 before the Tribunal for Local Self Government Institutions, Thiruvananthapuram (for short, 'Tribunal') against Ext.P1 stop memo issued by the 2^nd respondent Panchayat. The petitioners have earlier approached this Court by filing W.P.(C) No.10670 of 2022 seeking disposal of the appeal and as per Ext.P3 judgment this Court directed the 1^st respondent to dispose of the same without delay. The grievance of the petitioners is that even after the lapse of six months, Ext.P2 appeal is not disposed of by the Tribunal.

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In the nature of the directions I propose to issue, notice to the 2^nd respondent is dispensed with.

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WP(C).No.33351 OF 2022

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At the time of the admission of the writ

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petition, this Court called for a report from the Registrar of the Tribunal to inform this Court the cause for delay in disposal of Ext.P2 appeal and the probable time required for final disposal of the appeal. Pursuant thereto, the Tribunal has filed a report stating that Ext.P2 appeal can be heard on 08.11.2022 and can be disposed of within two weeks, before 23.11.2022. Recording the said report, the writ petition is closed.

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The Tribunal shall endeavor to dispose of Ext.P2 appeal within the time frame stated in the report.

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Sd/-

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MURALI PURUSHOTHAMAN JUDGE

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SPR

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WP(C).No.33351 OF 2022

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APPENDIX

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PETITIONERS EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE STOP MEMO ORDER NO. A3-232/2021 DATED 09-04-2021. EXHIBIT P2 TRUE COPY OF THE APPEAL NO.251/2021 DATED 19-04-2021 FILED BEFORE THE 1ST RESPONDENT. EXHIBIT P3 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.10670/2022 DATED 05-04-22. EXHIBIT P4 A TRUE COPY OF THE REPRESENTATION DATED 21-10-2021 SUBMITTED BEFORE THE 2ND RESPONDENT.

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RESPONDENTS EXHIBITS: NIL.

Rabiya Kattayath Thazhath v. the Tribunal for Local Self Government Institutions

Case brief

What is this about?

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Rabiya Kattayath Thazhath v. the Tribunal for Local Self Government Institutions

Case brief

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