Moideenkutty.V.M vs State Of Kerala
2021 Latest Caselaw 3333 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

      THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

    FRIDAY, THE 29TH DAY OF JANUARY 2021 / 9TH MAGHA, 1942

                     WP(C).No.2400 OF 2021(Y)

PETITIONER:
               MOIDEENKUTTY.V.M.
               AGED 70 YEARS
               S/O. VALIYAVETTIL MUHAMMED @ AHAMMED,
               VALIYAVEETTIL HOUSE, MUKUNDAPURAM, KONOTHUKUNNU
               P.O., THRISSUR-680123.

               BY ADVS.
               SRI.K.C.SANTHOSHKUMAR
               SMT.K.K.CHANDRALEKHA

RESPONDENTS:
      1      STATE OF KERALA
             REPRESENTED BY THE SECRETARY, LOCAL SELF
             GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT,
             THIRUVANANTHAPURAM-695001.

      2        VELLANGALLUR GRAMA PANCHAYATH,
               KONOTHUKUNNU P.O., THRISSUR DISTRICT-680123,
               REPRESENTED BY THE SECRETARY.

      3        THE SECRETARY,
               VELLANGALLUR GRAMA PANCHAYATH, KONOTHUKUNNU P.O.,
               THRISSUR DISTRICT-680123.

      4        THE GEOLOGIST,
               DISTRICT OFFICE, MINING AND GEOLOGY DEPARTMENT,
               CHEMBUKKAVU, THRISSUR-680020.

      5        THE VILLAGE OFFICER,
               THEKKUMKARA VILLAGE, KONOTHUKUNNU P.O., THRISSUR
               DISTRICT-680001.

      6        NASEEMA,
               EDAVAZHIKKAL HOUSE, MENON BAZAR, P.O.AZHEEKODE,
               THRISSUR-680666.

      7        THE TRIBUNAL FOR LOCAL SELF GOVERNMENT
               INSTITUTION,
               THIRUVANANTHAPURAM-695001.

               BY GOVERNMENT PLEADER SRI.PAUL ABRAHAM VAKKANAL

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 29.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P(C).No.2400 of 2021                2



                               JUDGMENT

The petitioner, who has filed an Appeal No.246 of 2018 before the

Tribunal for Local Self Government Institutions, Thiruvananthapuram,

aggrieved by the issuance of development permit to the 2 nd respondent

states that although a stay petition bearing I.A.No.555 of 2018 was filed

along with the appeal as early as in April 2018, the stay applications

have not been taken up by the Tribunal for consideration.

2. I have heard the learned counsel for the petitioner. In the nature

of the order that I propose to pass, I do not deem it necessary to hear the

respondents.

On an enquiry with the Tribunal this Court understands that the

Tribunal is currently entertaining requests from counsel for posting I.As

pertaining to appeals filed in the years 2017 and 2018 and granting

postings of the I.As regularly. Taking note of the said fact, I dispose this

Writ Petition by directing the Tribunal for Local Self Government

Institutions to consider and pass orders in I.A.No.555 of 2018 in Appeal

No.246 of 2018 pending before it within three weeks from the date of

receipt of a copy of this judgment, after hearing the petitioner and the 6 th

respondent. The petitioner shall produce a copy of the writ petition

together with a copy of this judgment before the 7 th respondent Tribunal

for further action.

Sd/-

A.K.JAYASANKARAN NAMBIAR JUDGE mns/29.01.2021

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE TITLE DEED BEARING NO.664/1990 OF S.R.O. VADAKKUMKARA.

EXHIBIT P2 TRUE COPY OF THE INTIMATION DATED 21.9.2017 ISSUED BY 6TH RESPONDENT TO THE PETITIONER.

EXHIBIT P3 TRUE COPY OF THE REPLY/OBJECTION DATED 28.9.2017 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT NO.2.

EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 8.3.2018 IN WP(C) NO.7887/2018 OF THIS HONOURABLE COURT.

EXHIBIT P5 TRUE COPY OF THE ORDER DATED 12.2.2018 PASSED BY THE 2ND RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE APPEAL MEMORANDUM BEARING NO.246/2018 FILED BEFORE THE 7TH RESPONDENT AS PRESCRIBED UNDER SECTION 271 S OF KERALA PANCHAYATH RAJ ACT.

EXHIBIT P7 TRUE COPY OF THE PETITION AND THE AFFIDAVIT IN SUPPORT OF I.A.NO.555/2018 IN APPEAL NO.246/2018.

EXHIBIT P8 TRUE COPY OF THE LAWYER NOTICE DATED 17.1.2020 ADDRESSED TO THE 4TH AND 5TH RESPONDENTS.

EXHIBIT P9 TRUE COPY OF THE OBJECTION DATED 25.1.2021 SUBMITTED BEFORE THE 3RD RESPONDENT.

RESPONDENTS EXHIBITS:NIL

//TRUE COPY//

P.A TO JUDGE