Roy Sebastian vs The Secretary
2022 Latest Caselaw 7556 Ker

               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

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

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

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