NOORJAHAN Vs. KALAMASSERY MUNICIPAL COUNCIL

JUDGEMENT

(1.) The writ petition is filed challenging Exhibit P5 order of the Tribunal for Local Self Government Institutions rejecting an application preferred by the petitioner for appointing an Advocate Commission for local investigation with the assistance of the Taluk Surveyor and expert Engineer on the ground that the same is not maintainable.

(2.) The petitioner herein is the petitioner in Exhibit P2 Revision Petition on the file of the Tribunal. The respondents herein are the respondents therein. The petitioner had complained of violation of the provisions of the Kerala Municipality Building Rules ("Rules" for short) in the construction of building by the 2nd respondent. The Secretary of the Municipality by order dated 1.6.2011 rejected the complaint. Petitioner preferred an appeal to the Municipal Council, which was also rejected. In the revision petition filed before the Tribunal, the petitioner has challenged the decision of the 1 st respondent in rejecting the appeal. The petitioner filed Exhibit P3 petition for appointing an advocate commission for local investigation with the assistance of Taluk Surveyor. The 2 nd respondent filed Exhibit P4 objection to the said petition. The Tribunal, dismissed Exhibit P3 petition on the ground that the Tribunal has no power or authority to issue a commission for local investigation vide Exhibit P5 order, which is under challenge in this writ petition.

(3.) Heard Sri.Nagaraj Narayanan, learned counsel for the petitioner, Sri.M.K.Aboobacker, learned standing counsel appearing for the 1st respondent and Sri.P.B.Krishnan, the learned counsel for the 2nd respondent.