IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
OP(C) NO. 958 OF 2022
IN APPEAL NO 165/2020 OF THE TRIBUNAL FOR LOCAL SELF GOVERNMENT
INSTITUTION, THIRUVANANTHAPURAM
PETITIONERS:
1 ROY SEBASTIAN,
AGED 60 YEARS
S/O DEVASIA JOSEPH,
KALLANCHIRA HOUSE,
PIRAVOM P.O.,
ERNAKULAM, PIN - 686664
2 ROSHINI,
AGED 58 YEARS
W/O ROY SEBASTIAN,
KALLANCHIRA HOUSE,
PIRAVOM P.O.,
ERNAKULAM, PIN - 686664
BY ADVS.
P.MARTIN JOSE
P.PRIJITH
THOMAS P.KURUVILLA
R.GITHESH
AJAY BEN JOSE
MANJUNATH MENON
SACHIN JACOB AMBAT
ANNA LINDA V.J
HARIKRISHNAN S.
S.SREEKUMAR (SR.)
RESPONDENTS:
1 THE SECRETARY,
PIRAVOM MUNICIPALITY,
PIRAVOM P.O.,
ERNAKULAM, PIN - 686664
2 MINI MATHEW,
AGED 50 YEARS
D/O LATE MATHEW,
KUNNUMMEL (THOZHUPPATTU HOUSE)
OP(C) NO. 958 OF 2022 2
PAZHOOR, PIRAVOM P.O.,
ERNAKULAM, PIN - 686664
3 THE TRIBUNAL FOR LOCAL SELF GOVERNMENT
INSTITUTIONS,
CHALAKUZHY RD, CHALAKKUZHI, THIRUVANANTHAPURAM,
PIN - 695011
BY ADVS.
SHRI.GEORGE SEBASTIAN, SC, PIRAVOM MUNICIPALITY
ALIAS M. CHERIAN M
K.S.ARUN KUMAR
BRISTO S PARIYARAM(K/1756/2020)
AJAI ALIAS CHALAPPURAM(K/002387/2021)
K.M.RAPHY(K/542/2012)
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
24.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(C) NO. 958 OF 2022 3
Dated this the 24th day of June, 2022
JUDGMENT
The original petition is filed to direct the Tribunal for Local Self Government Institution, Thiruvananthapuram to consider and dispose of Appeal No.165/2020, within a time frame.
2. Pursuant to the order passed by this Court on 07.06.2022, the Additional District Judge in charge of the Tribunal has by communication dated 08.06.2022 informed this Court that the above appeal can be disposed of within one month from the date of filing the written statement by the respondents.
3. Heard; Sri.P.Prajith., the learned the counsel appearing for the petitioners, Sri. K.S. Arun Kumar, the learned counsel appearing for the first respondent and Sri. Alias M.Cherian M, the learned counsel appearing for the second respondent.
4. In the light of the pleadings and materials on record and the above communication of the Additional OP(C) NO. 958 OF 2022 4 District Judge , in exercise of the supervisory jurisdiction of this Court under Article 227 of the Constitution of India, I direct the Tribunal for Local Self Government Institution, Thiruvananthapuram, to consider and dispose of Appeal No.165/2020, in accordance with law, as expeditiously as possible, at any rate on or before 23.12.2022.
The original petition is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE rmm24/06/2022 OP(C) NO. 958 OF 2022 5 APPENDIX OF OP(C) 958/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF SALE DEED NO.958/03 DATED 06/05/2003 OF SRO, PIRAVOM, Exhibit P2 TRUE COPY OF BUILDING PERMIT NO.
BA(25676)/2017 DATED 01/06/2017 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONERS Exhibit P3 TRUE COPY OF CONSENT OBTAINED FROM SRI.
VARKEY M. CHERIAN AND SMT. MARY VARKEY DATED 30/12/2016 Exhibit P4 TRUE COPY OF PROVISIONAL ORDER DATED NIL ISSUED BY THE 1ST RESPONDENT TO THE PETITIONERS Exhibit P5 TRUE COPY OF REPLY SUBMITTED BY THE PETITIONERS TO EXHIBIT.P4 PROVISIONAL ORDER ON 11/10/2019 Exhibit P6 TRUE COPY OF APPLICATION DATED 24/10/2019 SUBMITTED BY THE PETITIONERS FOR THE REGULARISATION OF THE ADDITIONAL CONSTRUCTION BEFORE THE 1ST RESPONDENT Exhibit P7 TRUE COPY OF APPLICATION DATED 31/10/2019 SEEKING THE ISSUANCE OF THE OCCUPANCY CERTIFICATE BEFORE THE ASSISTANT ENGINEER, PIRAVOM MUNICIPALITY Exhibit P8 TRUE COPY OF ORDER DATED 09/12/2019 IN I.A.NO. 3149/2019 IN O.S.NO.485/2019 OF THE MUNSIFF COURT, MUVATTUPUZHA Exhibit P9 TRUE COPY OF NOTICE NO.E1-12157/19 DATED 06/01/2020 ISSUED BY THE 1ST RESPONDENT, REJECTING EXHIBIT.P6 APPLICATION FOR REGULARISATION OF THE ADDITIONAL CONSTRUCTION OF THE BUILDING Exhibit P10 TRUE COPY OF APPEAL NO. 165/2020 DATED 23/02/2020 FILED BY THE PETITIONERS UNDER SECTION 509 OF THE KERALA MUNICIPALITY ACT, 1994, BEFORE THE HONOURABLE TRIBUNAL OP(C) NO. 958 OF 2022 6 FOR KERALA LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM (WITHOUT EXHIBITS) Exhibit P11 TRUE COPY OF NOTICE NO. I-3219/20 DATED 14/07/2020 ISSUED BY THE 1ST RESPONDENT Exhibit P12 TRUE COPY OF ORDER DATED 17/03/2021 IN CMA NO.16/2020 OF THE SUB COURT, MUVATTUPUZHA