JOHNY JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner, learned Government Pleader appearing for the first respondent and the learned Standing Counsel appearing for respondents 2 and 3.

(2.) EXT.P6 was issued by the respondent Municipality on 14.2.2012 exercising its powers under Section 406(3) of the Kerala Municipality Act. On 21.2.2012, petitioner filed W.P.(C).4230/12 challenging Ext.P6. That writ petition was entertained and interim order of stay was also passed. Subsequently on 22.5.2012, when the writ petition came up for hearing, this Court disposed of the same by Ext.P8 judgment, holding that the remedy of the petitioner is to file an appeal before the Tribunal for Local Self Government Institutions. It was also directed that Ext.P6 order will be kept in abeyance for one month, in order to enable the petitioner to pursue the statutory remedy. Accordingly, petitioner filed Ext.P9 appeal on 13.6.2012 and by Ext.P10, Tribunal dismissed the appeal as time barred, placing reliance on Rule 8(3) of the Tribunal for Kerala Local Self Government Institution Rules, 1999 (Kerala), providing for limitation. It is this order which is under challenge.

(3.) THE contention raised by the learned counsel for the petitioner is that, he having filed the writ petition immediately after receipt of Ext.P6 and within the period of limitation, when this Court relegated him to pursue statutory remedy before the Tribunal, the Tribunal should have been given credit for the period spent before this Court.