T.U.NOUSHAD Vs. ALUVA MUNICIPALITY

JUDGEMENT

(1.) The petitioner is before this Court aggrieved by Ext.P11 order of the Tribunal for Local Self Government Institutions, Thiruvananthapuram to the extent it directs the Secretary to the first respondent Municipality to see that the confirmation order already issued under Section 406(3) of Kerala Municipality Act and which has become final is executed without any necessary delay.

(2.) The petitioner is engaged in the business of production and sale of bakery items and restaurant respectively in a shopping complex at Aluva. The petitioner was served Ext.P3 notice dated 19.04.2008 of the respondent - Municipality, directing the petitioner to remove the alleged illegal construction made by the petitioner. Subsequently, the respondent confirmed Ext.P3 proposal as per Ext.P6 order dated 27.09.2008. By Ext.P6 order, the petitioner was required to remove the alleged illegal construction and report the same before the respondent Municipality, failing which the Municipality was to take necessary steps to demolish the illegal construction and recovering expenses therefor from the petitioner.

(3.) Aggrieved by Exts.P3 and P6, the petitioner filed Appeal No. 809/2009 before the Tribunal for Local Self Government Institutions, Thiruvananthapuram. The Tribunal after considering the materials produced by the petitioner and the respondent, passed Ext.P11 order dated 22.10.2009 allowing the appeal filed by the petitioner. The impugned order dated 17.09.2009 was set aside. The grievance of the petitioner is that after allowing the appeal and setting aside the impugned order, the Tribunal has directed the Secretary of the Municipality to see that the Ext.P6 confirmation order already issued under Section 406(3) of the Kerala Municipality Act and which has become final is executed without any unnecessary delay.