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High Court of KeralaWP(C)/18373/2015disposed of

James v. Baby

2015-09-08Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 8TH DAY OF SEPTEMBER 2015/17TH BHADRA, 1937 WP(C).No. 18373 of 2015 (V) PETITIONER:

-------------------------- JAMES, AGED 62 YEARS SON OF KUTHOOR ITTIMATHU, KUTHOOR HOUSE CHIRAMANANGAD VILLAGE, KIDANGOOR DESOM TALAPPILLY TALUK, MARATHAMKODE PO, THRISSUR DISTRICT PIN 680 604 BY ADVS.SRI.S.VINOD BHAT SRI.LEGITH T.KOTTAKKAL RESPONDENTS:

----------------------------

1. BABY WIFE OF PANAKKAL JOSE, CHIRAMANGAD VILLAGE KIDANGOOR DESOM, MARATHAMKODE PO, TALAPPILLY TALUK PIN 680604

2. THE SECRETARY KADANGODE GRAMA PANCHAYAT, VELLARKAD PO, PIN 680584 THRISSUR DISTRICT

3. STATE OF KERALA REPRESENTED BY SECRETARY LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM 695001 R1 BY ADVS. SRI.P.VIJAYA BHANU (SR.) SRI.AJEESH K.SASI SRI.UNNI SEBASTIAN KAPPEN R2 BY ADVS. SRI.M.P.RAMNATH SRI.P.RAJESH (KOTTAKKAL) SMT.S.SANDHYA SRI.BEPIN PAUL R3 BY SR. GOVERNMENT PLEADER SMT. ANITHA RAVINDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 18373 of 2015 (V) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:

COPY OF THE MEMORANDUM OF APPEAL NO.211/2015 OF TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM P2:

COPY OF THE PETITION IA.NO.474/2015 IN APPEAL NO.211/2015 OF TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM P3:

COPY OF THE ORDER DATED 17.04.2015 IN IA.NO.474/2015 IN APPEAL NO.211/2015 OF TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM P4:

COPY OF THE REVIEW PETITION IA.1109/2015 IN IA.474/2015 IN APPEAL 211/2015 OF TRIBUNAL OF LOCAL SELF GOVERNMENT INSTITUTIONS, THRIUVANANTHAPURAM P5:

COPY OF THE OBJECTION FILED BY THE PETITIONER IN THE REVIEW PETITION P6:

COPY OF THE ORDER DATED 08.06.2015 IN IA.1109/2015 IN APPEAL NO.211/2015 OF TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM P7:

COPY OF THE ORDER DATED 19.02.2015 IN IA.464/2015 IN OS.NO.129/2015 OF MUNISIFF COURT, WADAKKANCHERY P8:

COPY OF THE MEMORANDUM OF APPEAL CMA.59/2015 OF DISTRICT COURT, THRISSUR RESPONDENT(S)' EXHIBITS::- R1(a): COPY OF THE COMMISSION REPORT DATED 16.02.2015 R1(b): COPY OF THE COMMISSION REPORT DATED 23.03.2015 R1(c): COPY OF THE PLAINT FILED BY THE PETITIONER BEFORE THE MUNSIFF'S COURT WADAKKANCHERY IN O.S. NO. 129/2015 R1(d): THE PHOTOGRAPHS OF THE HOUSE UNDER CONSTRUCTION OF THE 1ST RESPONDENT /TRUE COPY/ P.A. TO JUDGE DCS

V. CHITAMBARESH, J W.P.(C). NO. 18373 OF 2015 ---------------------------------------- Dated this the 8th day of September, 2015

JUDGMENT

Ext. P6 interim order passed in Ext. P1 appeal is impugned. Interest of justice would be met by directing Ext. P1 appeal itself to be disposed of early. The Tribunal for Local Self Government Institutions shall make an endeavour to dispose of Appeal No. 211/2015 within a period of two months from the date of receipt of a copy of this judgment. The construction of the building can continue and the same shall be numbered only dependent on the outcome of the appeal.

2.

It is made clear that the construction if any of the building is subject to the result of the appeal pending with the Tribunal. The legality or otherwise of the construction is a matter to be gone into in the appeal only.

The writ petition is disposed of.

V. CHITAMBARESH JUDGE DCS