UDIVELLA SAMRAKSHANA SAMITHI Vs. SUSHIJA SUKUMARAN PUTHIYA PURAYIL

JUDGEMENT

(1.) This appeal is filed by the 6th respondent in W.P(C).1625/18. The appellant is aggrieved by the interim order dated 8.5.2018 passed by the learned single Judge. The operative portion of the interim order reads as under:

(2.) As per the above order, the District Officer, Ground Water Department, who is the 7th respondent herein, has been directed to conduct a fresh inspection and pumping test regarding the availability of ground water in the area. The test has been directed to be conducted before 31.5.2018. We are informed that the test has already been conducted. What remains is for the 7th respondent to submit the report of such test before the learned single Judge.

(3.) According to the counsel for the appellant, the learned single Judge is considering the correctness of an order passed by the Tribunal for Local Self Government Institutions, hereinafter referred to as the 'Tribunal', for short, in exercise of the jurisdiction under Articles 226 or 227 of the Constitution. It is pointed out that this Court has no power to enter upon a fact finding enquiry or to consider the matter in the manner of an appeal in exercise of the appellate power. Therefore, according to the learned counsel, the learned single Judge has erred in passing the interim order that is challenged in this appeal. The learned counsel points out that at least before the report of the test is submitted to this Court, it is necessary that the appellant is also heard by the 7th respondent.