Vembayam Grama Panchayat vs D. Surendran
2022 Latest Caselaw 1629 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         TUESDAY, THE 15TH DAY OF FEBRUARY 2022 / 26TH MAGHA, 1943
                          WP(C) NO. 4868 OF 2022
PETITIONER:

              VEMBAYAM GRAMA PANCHAYAT
              VETTINAD, KOCHIRA P.O, THIRUVANATHAPURAM, PIN - 695615
              REPRESENTED BY ITS SECRETARY
              BY ADV VISHNU BHUVANENDRAN
RESPONDENTS:

     1        D. SURENDRAN
              AGED 55 YEARS
              S/O.DAMODHARAN, DAMODARA VILASAM, VATTAPPARA P.O,
              THIRUVANANTHAPURAM, PIN - 695028
     2        THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS,
              SREEMOOLAM BUILDING, COURT COMPLEX, VANCHIYOOR,
              THIRUVANANTHAPURAM, PIN - 695035
     3        STATE OF KERALA,
              REPRESENTED BY THE SECRETARY TO GOVERNMENT
              LOCAL SELF GOVERNMENT DEPARTMENT,
              SECRETARIAT, THIRUVANANTHAPURAM , PIN - 695001
              SMT.VINITHA B., SR.GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 4868 OF 2022

                                       2




                                 JUDGMENT

Dated this the 15th day of February, 2022

The contention raised by the petitioner in the writ petition is with

regard to an interim order passed without hearing the petitioner. I am of

the opinion that it is for the petitioner to file an original petition under

Article 227 of the Constitution of India.

This writ petition is therefore dismissed, without prejudice to the

contentions of the petitioner and with leave to approach this Court by

filing an original petition under Article 227 of the Constitution of India, if

so advised.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 4868 OF 2022

APPENDIX OF WP(C) 4868/2022

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE APPEAL NO. 629/2021 PENDING BEFORE THE HONOURABLE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANATHAPURAM Exhibit P2 TRUE COPY OF THE INTERIM ORDER OF THE 2ND RESPONDENT DATED 08.12.2021 IN I.A NO. 1299/2021 IN APPEAL NO. 629/2021 Exhibit P3 TRUE COPY OF THE LETTER DATED 15.01.2021 ISSUED BY THE PETITIONER TO THE 1ST RESPONDENT Exhibit P4 TRUE COPY OF THE LETTER DATED 02.03.2021 ISSUED BY THE PETITIONER TO THE 1ST RESPONDENT Exhibit P5 TRUE COPY OF THE APPLICATION FOR REGULARIZATION OF BUILDING PERMIT BEARING NO. A4-9093/2021 SUBMITTED BY THE 1ST RESPONDENT BEFORE THE PANCHAYAT DATED 05.11.2021, Exhibit P6 TRUE COPY OF THE NOTICE DATED 25.11.2021 ISSUED BY THE PETITIONER TO THE 1ST RESPONDENT RESPONDENTS' EXHIBITS: NIL