IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 4TH JUNE 2008 / 14TH JYAISHTA 1930 WP(C).No. 16686 of 2008(J) -------------------------- PETITIONER: --------------- ABDUL MAJEED, S/O.ISMAIL, PARADISE, T.C.39/1029, ATTAKULANGARA, THIRUVANANTHAPURAM. BY ADV. SRI.G.SUDHEER RESPONDENTS: ------------------ 1. CORPORATION OF THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE, THIRUVANANTHAPURAM. 2. TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM. BY SRI.N.NANDAKUMARA MENON (SR), SC FOR R1 SRI.P.K.MANOJKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 16686 OF 2008 J ==================== Dated this the 4th day of June, 2008 J U D G M E N T The prayer sought for in this writ petition is to quash Ext.P2, an order issued under Section 406(3) of the Municipalities Act. Consequential reliefs are also sought for. 2. Petitioner submits that without any justification when Ext.P2 order was issued he has filed Ext.P4 appeal before the Tribunal for Local Self Government Institutions. As there was delay in filing the appeal, petitioner filed Ext.P5 application for condonation of delay and also Ext.P6, an application seeking stay of further proceedings pursuant to Ext.P2. Despite the pendency of appeal and the petitions as noticed above, apprehending that Ext.P2 will be given effect to, this writ petition has been filed by the petitioner. 3. Since the petitioner has already invoked the appellate remedy by filing Ext.P4 along with the petition referred to above, it is only appropriate that until the delay petition and the stay petition are considered, further proceedings pursuant to Ext.P2 should be deferred by the 1st respondent. WPC 16686/08 :2 : 4. Accordingly, the writ petition is disposed of with the following directions. 1) That the Tribunal for Local Self Government Institutions shall consider Ext.P5 application for condonation of delay and depending upon the decision taken on Ext.P5, orders shall be passed on Ext.P6 stay petition filed by the petitioner along with Ext.P4 appeal. This shall be done by the Tribunal, as expeditiously as possible, and at any rate within 4 weeks of production of a copy of this judgment. 2) It is directed that in the meanwhile, further proceedings pursuant to Ext.P2 shall be kept in abeyance. 3) It is clarified that on the strength of this judgment, petitioner shall not undertake any construction and in case any further construction is undertaken, the 1st respondent will be entitled to take such appropriate action as is necessary for preventing the same. Petitioner shall produce a copy of this judgment before the tribunal for Local Self Government Institutions for compliance. ANTONY DOMINIC,JUDGE. Rp