THOMAS Vs. KOTTAYAM MUNICIPALITY

JUDGEMENT

(1.) The challenge in this writ petition is against Ext. P13(a) order, by which Ext. P13 application filed by the petitioner for condoning 141 days delay in filing an appeal was rejected by the Tribunal for Local Self Government Institutions.

(2.) Facts of the case are that the petitioners filed an application for a building permit and at that stage they were issued Exts.P3 and P4 notices of demolition. Appeal before the Tribunal for Local Self Government Institution was disposed of setting aside Exts. P3 and P4 and directing that fresh orders be passed. Petitioners submits that in pursuance to the appellate order, Ext. P5 was issued under Section 406(3) of the Municipalities Act and again the petitioners filed Ext.P6 appeal. The Tribunal set aside Ext. P5 reserving liberty to the respondent to pass fresh orders in the matter. Thereafter Exi.P8 notice was issued by the Municipality, in response to which Ext.P9 objection was filed. However, by Ext. P10 petitioners were ordered to demolish the structure.

(3.) The petitioners submit that they pursued the matter with the Municipality by filing Ext. P 11 representation praying for recalling Ext P10 as their request was not considered, they approached this Court by filing WP(C) No. 23287/2008. When that writ petition came up for admission before this Court on 4.8.2008, it was disposed of by Ext. P12 judgment, holding that the remedy of the petitioner is to file an appeal before the Tribunal. Accordingly, the writ petition was dismissed without prejudice to the right of the petitioner to file appeal as provided under the Municipality Act.