R.Vijayakumari vs P.K.Ramesh
2021 Latest Caselaw 14312 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                   THE HONOURABLE MR.JUSTICE V.G.ARUN
         THURSDAY, THE 8TH DAY OF JULY 2021 / 17TH ASHADHA, 1943
                         OP(C) NO. 751 OF 2021
PETITIONER/S:

     1       R.VIJAYAKUMARI
             AGED 71 YEARS
             D/O. KARTHIYAYINI AMMA, T.C. 28/2853, VIJAY MANSION
             AMBUJAVILASOM ROAD, KUNNUMPURAM, VANCHIYOOR P.O.
             THIRUVANANTHAPURAM 695 101.
     2       MANOJ,
             AGED 46 YEARS
             S/O.P.B. SURENDRANATH,
             T.C. 28/2853, VIJAY MANSION AMBUJAVILASOM ROAD,
             KUNNUMPURAM, VANCHIYOOR P.O. THIRUVANANTHAPURAM 695 101.
             BY ADV M.SREEKUMAR



RESPONDENT/S:

     1       P.K.RAMESH
             AMBUJAVILASOM BUNGALOW
             T.C. NO. 25/2792, PRA-17,
             AMBUJAVILASOM ROAD, KUNNUMPURAM, VANCHIYOOR P.O.
             THIRUVANANTHAPURAM 695 101.
     2       SUVARNA RAJA,
             AMBUJAVILASOM BUNGALOW
             T.C. NO. 25/2792, PRA-17,
             AMBUJAVILASOM ROAD, KUNNUMPURAM, VANCHIYOOR P.O.
             THIRUVANANTHAPURAM 695 101.
     3       CORPORATION OF THIRUVANANTHAPURAM,
             REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE,
             PALAYAM, VIKAS BHAVAN, P.O. THIRUVANANTHAPURAM 695 033.
             BY ADVS.
             SRI.N.NANDAKUMARA MENON (SR.)
             SHRI.P.K.MANOJKUMAR,SC,TVPM CORPORATION



     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 08.07.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 751 OF 2021
                               2



                            JUDGMENT

Dated this the 8th day of July, 2021

The petitioners were the additional respondents in

Appeal Nos. 222 of 2014 and 604 of 2014 filed by

respondents 1 and 2 herein before the Tribunal for Local

Self Government Institutions(hereinafter 'the Tribunal' for

short). The first petitioner had filed Appeal No.604 of 2014

before the Tribunal. The appeals pertained to an illegal

construction effected by respondents 1 and 2. At the

instance of the petitioners the 3rd respondent Corporation

initiated proceedings against respondents 1 and 2. The

proceedings was challenged in the appeal by respondents 1

and 2. The petitioners also filed appeal, aggrieved by

inadequacy of the action taken. The Tribunal, by Ext.P2

common order dated 10.02.2016, allowed both appeals by

setting aside the provisional and confirmation orders issued OP(C) NO. 751 OF 2021

by the 3rd respondent and directing issue of a fresh

provisional order after considering the entire aspects.

Thereafter, the 3rd respondent issued a fresh provisional

order dated 2.08.2017 and called upon respondents 1 and 2

to show cause as to why the order should not be confirmed.

2.Pending the provisional order, the 3 rd respondent

issued occupancy certificate to respondents 1 and 2. The

occupancy certificate was issued based on a decision taken

in the Adalath conducted by the Local Self Government

Department. The petitioner has challenged that decision in

W.P(C) No. 3063 of 2020 and this Court has stayed the order

passed in the Adalath. The petitioner has filed Ext.P4

interlocutory application before the Tribunal under Rule 25

of the Tribunal for Kerala Local Self Government Institutions

Rules 1999, seeking cancellation of the occupancy

certificate issued to respondents 1 and 2. This original

petition is filed aggrieved by the delay in disposing Ext.P4 OP(C) NO. 751 OF 2021

petition.

3.In the report called for by this Court, the Tribunal has

stated its inability to consider the petition in view of the

interim order in W.P(C) No. 3063 of 2020. I have perused

the judge's paper in W.P(C) No.3063 of 2020 and the

interim order passed in the said writ petition. The interim

order is against the order passed in the Adalath held on

17.07.2019, whereas Ext.P4 is against issuance of occupancy

certificate without following the direction in Ext.P2 order of

the Tribunal. The Tribunal having issued specific direction in

Ext.P2, the only question to be considered is whether the

Occupancy Certificate was issued in terms of the direction.

In that view of the matter, the interim order in the writ

petition does not interdict the Tribunal from taking a

decision on Ext.P4 application.

4.The original petition is hence disposed of, directing

the Tribunal for Local Self Government Institutions to take a OP(C) NO. 751 OF 2021

decision on Ext.P4 application within two months of receipt

of a copy of this judgment.

Sd/-

V.G ARUN JUDGE

SJ OP(C) NO. 751 OF 2021

APPENDIX OF OP(C) 751/2021

PETITIONER ANNEXURE

EXHIBIT P1 TRUE COPY OF ORDER NO. EII/5957/12 DATED 28.1.2014 OF 3RD RESPONDENT.

EXHIBIT P2 TRUE COPY OF COMMON ORDER IN APPEAL NOS 222/2014 AND 604/2014 DATED 10.02.2016 OF THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM .

EXHIBIT P3 TRUE COPY OF ORDER NO. T.P.E14/E11/FEI/7066/12 DATED 2.8.2017 OF 3RD RESPONDENT.

EXHIBIT P4 TRUE COPY OF PETITION IA NO. 470/2020 IN APPEAL NO. 222/2014 DATED 8.6.2020 FILED BY PETITIONERS WITHOUT ANNEXURES.