IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944
WP(C) NO. 16089 OF 2022
PETITIONER:
ABDUL RASHEED.,
AGED 58 YEARS
S/O MUHAMMED KUNJU, M.K.TRADERS,
PATTATHANAM PO, KOLLAM
RESIDING AT RASHEED MANZIL, AMMAN NAGAR-231,
PATTATHANAM PO, KOLLAM TALUK,
KOLLAM DISTRICT691021.
BY ADVS.
C.R.JAYAKUMAR
NOBEL RAJU
RESPONDENTS:
1 THE SECRETARY,
LOCAL SELF GOVERNMENT (URBAN) DEPARTMENT
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN 695001.
2 THE TRIBUNAL FOR LOCAL SELF GOVERNMENT,
TRIDA BUILDING, MEDICAL COLLEGE PO,
THIRUVANANTHAPURAM, PIN-695037
REPRESENTED BY ITS SECRETARY.
3 THE SECRETARY,
KOLLAM MUNICIPAL CORPORATION,
CORPORATION OFFICE, KOLLAM, PIN-691001.
BY ADV.VIDYA KURIAKOSE, GOVT. PLEADER
M.K.CHANDRA MOHAN DAS, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 31.05.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).No.16089/2022
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C).No.16089 of 2022
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Dated this the 31st day of May, 2022
JUDGMENT
This writ petition is filed with following prayers:
i. To issue a Writ of mandamus or any other appropriate writ order of direction, directing the 3rd respondent to set aside Exhibit P2 & P4 orders by giving an opportunity to the petitioner to present the case.
ii. To issue a writ of mandamus or any other appropriate writ order of direction, directing the 2nd respondent to heard the Appeal No. 571/2016 on the files of the 2nd respondent by giving an opportunity to the petitioner to present the appeal and to dispose afresh by considering merits of the appeal.
Iii. To issue such other reliefs to the petitioner as this Hon'ble Court may deem fit and proper in the circumstances of the case.
(SIC)
2. Petitioner is aggrieved by Ext.P2 order by which the 3rd respondent directed the petitioner to remove the unauthorised construction. The petitioner challenged Ext.P2 before the Tribunal for Local Self Government Institutions, W.P.(C).No.16089/2022 3 Thiruvananthapuram by filing Ext.P3 appeal. The grievance of the petitioner is that, the Tribunal, without giving an opportunity of hearing to the petitioner, dismissed the appeal as per Ext.P5 order. Hence this writ petition.
3. Heard the learned counsel for the petitioner and the learned Standing Counsel for the 3rd respondent. I also heard the learned Government Pleader appearing for the 1 st respondent.
4. I perused Ext.P5 order. In Ext.P5 it is stated that the petitioner - appellant is continuously absent whenever the appeal is posted for hearing. The learned counsel for the petitioner submitted that the petitioner was not able to appear because of some unavoidable circumstances and he is ready to appear before the Tribunal on any day fixed by this Court.
5. Considering the facts and circumstances, I think there can be a direction to the Tribunal to reconsider the appeal, after giving an opportunity of hearing to the petitioner and the 3rd respondent. There can be a time limit also for disposing the appeal which is of the year 2016. The interim order already passed by this Court can be directed to continue till orders are passed by the Tribunal. W.P.(C).No.16089/2022 4 Therefore, this writ petition is allowed in the following manner:
1. Ext.P5 order is set aside.
2. The 2nd respondent is directed to reconsider and pass appropriate orders in Appeal No.571/2016 in accordance to law, as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment.
2. The petitioner will appear in person or through counsel before the Tribunal for Local Self Government Institutions on 13.06.2022.
3. Till final orders are passed in the appeal, all further proceedings consequent to Ext.P4 will be kept in abeyance by the 3rd respondent.
4. The petitioner will produce a copy of this judgment along with a copy of the writ petition before the Tribunal for compliance.
sd/-
P.V.KUNHIKRISHNAN JV JUDGE W.P.(C).No.16089/2022 5 APPENDIX OF WP(C) 16089/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT NO.
KL02030413142/2021 DATED 22/11/2021 ISSUED BY THE VILLAGE OFFICER, VADAKKEVILA IN FAVOR OF THE PETITIONER.
Exhibit P2 TRUE COPY OF THE ORDER NO.
TP/VZ/7057/2012 DATED 30/04/2016 ISSUED BY THE 3RD RESPONDENT.
Exhibit P3 THE TRUE COPY OF THE APPEAL NO.
571/2021 ON THE FILES OF THE 2ND RESPONDENT.
Exhibit P4 TRUE COPY OF THE VACATION NOTICE DATED 7/3/2022 ISSUED BY THE 3RD RESPONDENT. Exhibit P5 TRUE COPY OF THE ORDER IN APPEAL NO.
571/2016 DATED 11/10/2021 PASSED BY THE 2ND RESPONDENT.
Exhibit P6 TRUE PHOTOGRAPH OF THE BUILDING AND THE TEMPORARY STRUCTURE BELONGS TO THE PETITIONER.