Vembayam Grama Panchayat vs D. Surendran
2022 Latest Caselaw 2357 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
       WEDNESDAY, THE 2ND DAY OF MARCH 2022 / 11TH PHALGUNA, 1943
                          OP(C) NO. 403 OF 2022
    AGAINST THE ORDER DATED 08.12.2021 IN I.A.NO.1299/2021 IN APPEAL
    NO.629/2021 ON THE FILE OF THE TRIBUNAL FOR LOCAL SELF GOVERNMENT
                    INSTITUTIONS, THIRUVANANTHAPURAM
PETITIONER/COUNTER PETITIONER/RESPONDENT:

           VEMBAYAM GRAMA PANCHAYAT
           VETTINAD, KOCHIRA P.O,
           THIRUVANATHAPURAM,
           REPRESENTED BY ITS SECRETARY, PIN - 695615
           BY ADVS.
           VISHNU BHUVANENDRAN
           B.ANUSREE
           RESHMA UNNIKRISHNAN


RESPONDENT/PETITIONER/APPELLANT:

           D. SURENDRAN
           AGED 55 YEARS
           S/O.DAMODARAN, DAMODARA VILASAM,
           VATTAPPARA P.O,
           THIRUVANTHAPURAM., PIN - 695028

     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 02.03.2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 403 OF 2022
                                          2


                                   JUDGMENT

Dated this the 2nd day of March, 2022

In this Original Petition filed under Article 227 of the

Constitution of India, the petitioner, Vembayam Grama Panchayat

is aggrieved by ex parte order dated 08.12.2021 in

I.A.No.1299/2021 in Appeal No.629/2021 pending before the

Tribunal for Local Self Government Institutions,

Thiruvananthapuram.

2. Heard the learned counsel for the petitioner on

admission.

3. The learned counsel for the petitioner submitted that

as per the impugned order, the Tribunal directed the Panchayat

to assign provisional building number to the appellant,

D.Surendran, who is the respondent herein.

4. It is submitted by the learned counsel for the

petitioner that the Kerala Panchayat Raj Act or the Kerala

Panchayat Building Rules thereof shall not provide issuance of a

provisional building numbers. Therefore, the order is per se

illegal. He also submitted that the building number was not

assigned to the respondent herein because the completion report

is having anomalies to be clarified. He also submitted that the OP(C) NO. 403 OF 2022

said fact has been suppressed by the respondent herein.

5. Having considered the above legal aspects, I am

inclined to direct the Tribunal, Local Self Government Department

to hear I.A.No.1299/2021 in detail, after permitting the Panchayat

to file an objection, within a period of three weeks from the date

of receipt or production of a copy of this judgment. In the

meantime, the implementation of the interim order shall stand

stayed. The assignment of the building number to the respondent

herein shall be in accordance with the detailed order passed by

the Tribunal in I.A.No.1299/2021, in accordance with law, after

hearing both sides.

This Original Petition stands disposed of.

Sd/-

A. BADHARUDEEN JUDGE

nkr OP(C) NO. 403 OF 2022

APPENDIX OF OP(C) 403/2022

PETITIONER 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 REGULARISATION 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