High Court of KeralaWP(C)/18561/2015disposed of

Abdul Muthalib v. State Of Kerala

2015-06-24Honourable Mr. Justice A.V.Ramakrishna Pillai4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI WEDNESDAY, THE 24TH DAY OF JUNE 2015/3RD ASHADHA, 1937 WP(C).No. 18561 of 2015 (U) ---------------------------- PETITIONER :

----------------- ABDUL MUTHALIB, AGED 35 YEARS, S/O. ABDULLA K.P, KUNNATHUPEEDIKAYIL HOUSE, KOTTATHARA P.O., KALPETTA, WAYANAD DISTRICT 673 122 BY ADV. SMT.SANJANA R.NAIR RESPONDENTS :

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1. STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 691 002

2. THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONAS, THRIUVANANTHAPURAM 691 001

3. MUTTIL GRAMA PANCHAYAT, MUTTIL P.O, WAYANAD DISTRICTPIN 673 122 REPRESENTED BY ITS SECRETARY

4. THE SECRETARY MUTTIL GRAMA PANCHAYAT, MUTTIL P.O, WAYANAD DISTRICT - PIN-673 122 R1 & R2 BY GOVERNMENT PLEADER SMT. K.A. SANJEETHA R3 & R4 BY SRI.MANOJ RAMASWAMY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 18561 of 2015 (U) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1:

TRUE COPY OF THE APPEAL NO. 807 OF 2014 EXHBIIT P2:

TRUE COPY OF THE WRITTEN STATEMENT IN APPEAL NO 807 OF 2014 RESPONDENT(S)' EXHIBITS :

NIL.

//TRUE COPY P.A. TO JUDGE bp

A.V.RAMAKRISHNA PILLAI, J.

= = = = = = = = = = = = = = = = = W.P(C) No.18561 of 2015 = = = = = = = = = = = = = = = = = = Dated this the 24th day of June, 2015

JUDGMENT

The petitioner is seeking a direction to the respondents to hear Appeal No.807 of 2014 pending before the Tribunal for Local Self Government Institution.

2. The petitioner is the appellant and respondents 3 and 4 are the respondents 1 and 2 in the above appeal. The petitioner alleges that the pendency of the appeal before the 2nd respondent had prevented the concerned authorities from taking a final decision in the issue of regularisation of the building owned by him.

3. The petitioner further alleges that by Ext.P1, he had brought out the details in support of his contentions. The respondent panchayat had already filed written statement in Ext.P2 and the pleadings in this case are complete. Therefore, the delay in passing final orders in the aforesaid appeal by the learned Tribunal is unjust.

WP(C)18561/15 -:2:-

3. Heard the learned counsel for the petitioner and the learned Government Pleader in the matter.

As the limited prayer in this writ petition is for a time bound disposal of the appeal pending before the Tribunal, the 2nd respondent is directed to consider and pass appropriate orders on Appeal No.807 of 2014, within a period of two months from the date of receipt of a copy of this judgment, after affording both sides an opportunity of being heard.

Sd/- A.V.RAMAKRISHNA PILLAI JUDGE krj