Abdul Rasheed vs The Secretary
2022 Latest Caselaw 5939 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
   TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944
                      WP(C) NO. 16089 OF 2022
PETITIONER:

            ABDUL RASHEED.,
            AGED 58 YEARS
            S/O MUHAMMED KUNJU, M.K.TRADERS,
            PATTATHANAM PO, KOLLAM
            RESIDING AT RASHEED MANZIL, AMMAN NAGAR-231,
            PATTATHANAM PO, KOLLAM TALUK,
            KOLLAM DISTRICT691021.

            BY ADVS.
            C.R.JAYAKUMAR
            NOBEL RAJU

RESPONDENTS:

    1       THE SECRETARY,
            LOCAL SELF GOVERNMENT (URBAN) DEPARTMENT
            GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM, PIN 695001.

    2       THE TRIBUNAL FOR LOCAL SELF GOVERNMENT,
            TRIDA BUILDING, MEDICAL COLLEGE PO,
            THIRUVANANTHAPURAM, PIN-695037
            REPRESENTED BY ITS SECRETARY.

    3       THE SECRETARY,
            KOLLAM MUNICIPAL CORPORATION,
            CORPORATION OFFICE, KOLLAM, PIN-691001.

            BY ADV.VIDYA KURIAKOSE, GOVT. PLEADER
            M.K.CHANDRA MOHAN DAS, SC



     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   31.05.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C).No.16089/2022

                                  2



                   P.V.KUNHIKRISHNAN, J.
                    --------------------------------
                   W.P.(C).No.16089 of 2022
             ----------------------------------------------
            Dated this the 31st day of May, 2022


                           JUDGMENT

This writ petition is filed with following prayers:

i. To issue a Writ of mandamus or any other appropriate writ order of direction, directing the 3rd respondent to set aside Exhibit P2 & P4 orders by giving an opportunity to the petitioner to present the case.

ii. To issue a writ of mandamus or any other appropriate writ order of direction, directing the 2nd respondent to heard the Appeal No. 571/2016 on the files of the 2nd respondent by giving an opportunity to the petitioner to present the appeal and to dispose afresh by considering merits of the appeal.

Iii. To issue such other reliefs to the petitioner as this Hon'ble Court may deem fit and proper in the circumstances of the case.

(SIC)

2. Petitioner is aggrieved by Ext.P2 order by which

the 3rd respondent directed the petitioner to remove the

unauthorised construction. The petitioner challenged Ext.P2

before the Tribunal for Local Self Government Institutions, W.P.(C).No.16089/2022

Thiruvananthapuram by filing Ext.P3 appeal. The grievance of

the petitioner is that, the Tribunal, without giving an

opportunity of hearing to the petitioner, dismissed the appeal

as per Ext.P5 order. Hence this writ petition.

3. Heard the learned counsel for the petitioner and

the learned Standing Counsel for the 3rd respondent. I also

heard the learned Government Pleader appearing for the 1 st

respondent.

4. I perused Ext.P5 order. In Ext.P5 it is stated that

the petitioner - appellant is continuously absent whenever the

appeal is posted for hearing. The learned counsel for the

petitioner submitted that the petitioner was not able to appear

because of some unavoidable circumstances and he is ready to

appear before the Tribunal on any day fixed by this Court.

5. Considering the facts and circumstances, I think

there can be a direction to the Tribunal to reconsider the

appeal, after giving an opportunity of hearing to the petitioner

and the 3rd respondent. There can be a time limit also for

disposing the appeal which is of the year 2016. The interim

order already passed by this Court can be directed to continue

till orders are passed by the Tribunal. W.P.(C).No.16089/2022

Therefore, this writ petition is allowed in the following

manner:

1. Ext.P5 order is set aside.

2. The 2nd respondent is directed to reconsider

and pass appropriate orders in Appeal

No.571/2016 in accordance to law, as

expeditiously as possible, at any rate, within

two months from the date of receipt of a copy

of this judgment.

2. The petitioner will appear in person or through

counsel before the Tribunal for Local Self

Government Institutions on 13.06.2022.

3. Till final orders are passed in the appeal, all

further proceedings consequent to Ext.P4 will

be kept in abeyance by the 3rd respondent.

4. The petitioner will produce a copy of this

judgment along with a copy of the writ petition

before the Tribunal for compliance.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE W.P.(C).No.16089/2022

APPENDIX OF WP(C) 16089/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT NO.

KL02030413142/2021 DATED 22/11/2021 ISSUED BY THE VILLAGE OFFICER, VADAKKEVILA IN FAVOR OF THE PETITIONER.

Exhibit P2 TRUE COPY OF THE ORDER NO.

TP/VZ/7057/2012 DATED 30/04/2016 ISSUED BY THE 3RD RESPONDENT.

Exhibit P3 THE TRUE COPY OF THE APPEAL NO.

571/2021 ON THE FILES OF THE 2ND RESPONDENT.

Exhibit P4 TRUE COPY OF THE VACATION NOTICE DATED 7/3/2022 ISSUED BY THE 3RD RESPONDENT. Exhibit P5 TRUE COPY OF THE ORDER IN APPEAL NO.

571/2016 DATED 11/10/2021 PASSED BY THE 2ND RESPONDENT.

Exhibit P6 TRUE PHOTOGRAPH OF THE BUILDING AND THE TEMPORARY STRUCTURE BELONGS TO THE PETITIONER.