JIJI SAJEEV Vs. SECRETARY

JUDGEMENT

(1.) This Review Petition arises out of the judgment of this Court dated 8.2.2017 in W.A.No.2338 of 2016. The petitioner herein filed the said Writ Appeal challenging the judgment of the learned Single Judge dated 2.9.2016 in W.P.(C).No.21629 of 2016. Cherppu Grama Panchayat, the 1st respondent herein, filed the said Writ Petition seeking a writ of certiorari to quash Ext.P11 order dated 10.12.2015 of the Tribunal for Local Self Government Institutions in Appeal No.403 of 2015 and Ext.P12 order of the said Tribunal dated 17.2.2016 in I.A.No.60 of 2016 in that appeal, and for other consequential reliefs.

(2.) After considering the rival contentions with reference to the pleadings and materials on record, the learned Single Judge allowed the Writ Petition in part thereby interfering with Ext.P11 order of the Tribunal to the extent of the Tribunal directing the request of the petitioners herein (respondents 4 and 5 in the Writ Petition) to be allowed on production of documents; which can only be done after such satisfaction as required under the respective statutes. The learned Single Judge held that the petitioners herein will be entitled to cure the defects and submit a proper application; which shall be considered by the Secretary of the Grama Panchayat within a period of two months from the date of submission of such application, with approval from the Town Planner.

(3.) Challenging the judgment of the learned Single Judge, the petitioners herein filed W.A.No.2338 of 2016 before this Court. After detailed consideration of the rival contentions with reference to the pleadings and materials on record, this Court dismissed the Writ Appeal by judgment dated 8.2.2017 holding that the reasoning of the learned Single Judge in the impugned judgment is perfectly legal, which warrants no interference in the appeal. This Court ordered that, it is for the petitioners herein to submit a proper application in terms of the judgment of the learned Single Judge within a period of one month from the date of the judgment; which was directed to be considered by the Secretary of the respondent Grama Panchayat within a period of two months thereafter, with the approval from the Town Planner.