G K GRANITES LTD Vs. VELLAVOOR GRAMA PANCHAYAT

JUDGEMENT

(1.) The question that arises for consideration is whether the Tribunal for Local Self Government Institutions (hereinafter referred to as the 'Tribunal' for short), constituted under Section 271S of the Kerala Panchayat Raj Act (hereinafter referred to as the 'Act' for short) has the power to allow impleadment of third parties in an appeal or revision pending before it. Petitioner is a company incorporated under the Companies Act, 1956. Ext. P1 is a notice issued by the Panchayat calling upon the petitioner to stop its activities. On receipt of the notice, petitioner filed Appeal No. 193/2011 before the Tribunal, a copy of which is Ext. P2. The Tribunal by Ext. P6 order stayed all further proceedings pursuant to Ext. P1. While so, respondents 4 and 5 filed I.A. No. 481 of 2011, a copy of which is Ext. P7, seeking to be impleaded as additional respondents in the appeal. Petitioner objected to Ext. P7 by filing Ext. P8 objections. However, the Tribunal passed Ext. P9 order, holding that respondents 4 and 5 are proper parties and accordingly they were ordered to be impleaded as additional respondents 3 and 4 in Appeal No. 193/2011. It is challenging Ext. P9 order this writ petition is filed contending that in the absence of any power conferred on it, the Tribunal could not have allowed impleadment.

(2.) I heard the learned Senior Counsel appearing for the petitioner and the counsels appearing for respondents 1 & 2 and 4 & 5. The contention of the petitioner was that in the absence of any power, the Tribunal could not have allowed the impleadment sought for.

(3.) The Tribunal had been constituted under Section 271S of the Act to consider and dispose of appeals or revisions filed against the decisions of the Local Self Government Institutions, under Section 279 of the Act and Section 509 of the Kerala Municipality Act 1994. Sub Section (3) provides that the Tribunal shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure when trying a suit in respect of the matters enumerated therein. This sub-section reads as under: