Bindumol vs Manjoor Grama Panchayath
2022 Latest Caselaw 7661 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
   TUESDAY, THE 28TH DAY OF JUNE 2022 / 7TH ASHADHA, 1944
                      WP(C) NO. 9316 OF 2022
PETITIONER:

            BINDUMOL
            AGED 49 YEARS
            W/O. CHANDRA MOHAN, PULIMOOTIL HOUSE,
            KOTHANALLOOR, MANJOOR P. O., KOTTAYAM - 686603.
            BY ADV P.DEEPAK

RESPONDENTS:

    1       MANJOOR GRAMA PANCHAYATH
            OFFICE OF THE MANJOOR GRAMA PANCHAYATH,
            MANJOOR P. O., KOTTAYAM - 686603.
            (REPRESENTED BY ITS SECRETARY)
    2       THE SECRETARY
            MANJOOR GRAMA PANCHAYATH,
            OFFICE OF THE MANJOOR GRAMA PANCHAYATH,
            MANJOOR P. O., KOTTAYAM - 686603.
    3       ANIL KUMAR P. S.
            AGED 54 YEARS
            S/O. SREEDHARAN, POOVAKULATHU HOUSE,
            ATHIRAMPUZHA P. O., KOTTAYAM - 686562.
    4       THE TRIBUNAL FOR LOCAL SELF GOVERNMENT
            INSTITUTIONS
            THIRUVANANTHAPURAM, KERALA - 695011.
            BY ADVS.
            SHRI.JUSTINE JACOB, SC, MANJOOR GRAMA PANCHAYAT
            ATHUL SHAJI
            ANWIN JOHN ANTONY


     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   28.06.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C).No.9316 of 2022

                                  2




                   P.V.KUNHIKRISHNAN, J.
                    --------------------------------
                    W.P.(C).No.9316 of 2022
             ----------------------------------------------
            Dated this the 28th day of June, 2022


                             JUDGMENT

This writ petition is filed with following prayers:

i. Issue a Writ in the nature of certiorari or such other Writ, order or direction calling for the records leading to Exhibit P5 and quash the same.

ii. Issue a Writ in the nature of prohibition or such other Writ, order or direction restraining the fourth respondent Tribunal from proceeding with Appeal No: 126 of 2022. iii. Issue a Writ in the nature of mandamus or such other Writ, order or direction commanding the first and second respondents to enforce Exhibit P2 stop memo in letter and spirit untrammeled by Exhibit P5 order of the fourth respondent Tribunal.

iv. Issue such other Writ, order or direction as the facts and circumstances of the case may deem it proper.

(SIC) W.P.(C).No.9316 of 2022

2. The main challenge in this writ petition is against

Ext.P5 order passed by the Tribunal for Local Self Government

Institutions. It is the case of the petitioner that the petitioner

is also an affected party and without impleading the petitioner,

the appeal is filed before the Tribunal and an interim order is

obtained. When this writ petition came up for consideration

on 18.03.2022, this Court passed the following order:

"The petitioner challenges Ext.P5 order issued by the Tribunal for Local Self Government Institutions in an appeal filed by the 3rd respondent against a stop memo issued by the 1 st respondent Panchayat. Even though the appeal has been entertained by the Tribunal and the stop memo and impugned order which were Ext.A9 and Ext.A14 have been stayed, the Tribunal had further ordered that the appellant shall not make any construction or remove the soil against the permit granted. It is seen from the stop memo that the stop memo itself was issued on the premise that the 3rd respondent was conducting activity beyond the permit. In above circumstances, I do not find any reason to issue an interim order in this writ petition.

Since the contention of the petitioner is that the petitioner has not made a party in the appeal W.P.(C).No.9316 of 2022

before the Tribunal, the writ petition is admitted This Writ petition is admitted.

Issue notice to the 3rd respondent by special messenger. Notice to the 4th respondent is dispensed with for the time being. Standing Counsel appears for respondents 1 and 2."

3. Thereafter, on 24.03.2022, this Court passed the

following order:

"See order dated 18.03.2022.

This Court had not granted an interim order as prayed for, for the reason that the order of the Tribunal specifically stated that the appellant before the Tribunal shall not make any construction or remove the soil against the permit granted. Even though notice was taken out on the 3rd respondent through special messenger, the same has not been served stating the reason that the 3rd respondent is out of station. The counsel for the petitioner submits that the 3rd respondent is an accused in a case and he is absconding and that is the reason why he could not be found at the time of notice.

In such circumstances, there will be an interim order staying the operation of Ext.P5 order of the 4th respondent Tribunal and all proceedings pursuant to it and directing the respondents 1 W.P.(C).No.9316 of 2022

and 2 to enforce Ext.P2 stop memo."

4. Now, operation of Ext.P5 order is stayed. In such

facts and circumstances, the petitioner is free to file an

impleading petition before the Tribunal for Local Self

Government Institutions and the same will be entertained by

the Tribunal and pass appropriate orders in it. Thereafter

I.A.No.293/2022 will be heard after giving an opportunity of

hearing to the petitioner also. For facilitating the Tribunal to

pass fresh orders, Ext.P5 can be set aside.

Therefore, this writ petition is allowed in the following

manner:

1. Ext.P5 is set aside.

2. The petitioner is free to file an impleading

petition before the Tribunal for Local Self

Government Institutions within one week from

the date of receipt of a copy of this judgment

and if such an application is received, the

Tribunal will allow the same and implead the

petitioner in the appeal.

3. The Tribunal for Local Self Government

Institutions is directed to reconsider W.P.(C).No.9316 of 2022

I.A.No.293/2022, after giving an opportunity of

hearing to the petitioner and other affect

parties, as expeditiously as possible, at any

rate, within two weeks from the date on which

the impleading petition is allowed.

sd/-

                                       P.V.KUNHIKRISHNAN
JV                                            JUDGE
 W.P.(C).No.9316 of 2022





                  APPENDIX OF WP(C) 9316/2022

PETITIONER EXHIBITS
Exhibit P1        TRUE COPY OF THE COMPLAINT DATED
                  18.10.2021.
Exhibit P2        TRUE COPY OF THE STOP MEMO DATED
                  21.10.2021.
Exhibit P3        TRUE COPY OF THE PLAINT IN O.S.NO.173

OF 2021 ON THE FILES OF THE MUNSIFF COURT, ETTUMANNOOR.

Exhibit P4 TRUE COPY OF THE ORDER DATED 03.02.2022 OF THE SECOND RESPONDENT. Exhibit P5 A TRUE COPY OF THE ORDER OF THE FOURTH RESPONDENT TRIBUNAL DATED 07.03.2022 IN I.A.NO.293/2022 IN APPEAL NO.126/2022.