IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 3RD AUGUST 2011 / 12TH SRAVANA 1933 WP(C).No. 28548 of 2010(P) ---------------------------------- PETITIONER(S): 1 ---------------------- MERCIFUL LOVE CHARITABLE SOCIETY NANTHIRICKAL, KUNDARA, VELLIMAN PO KOLLAM 691 511, REP BY ITS SECRETARY FR.THOMSON EGIRIOUS. BY ADVS. SRI.ALEX N.MATHEW (KOLLAM) SRI.H.RAMANAN SRI.JAMES JOSE RESPONDENT(S): --------------------- 1. THE PERAYAM GRAMA PANCHAYATH REP.BY SECRETARY, MULAVANA PO, KOLLAM POIN 691 503. 2. TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM REP BY ITS REGISTRAR. * ADDL. R3 AND R4 ARE IMPLEADED 3. E.J.JOYKUTTY, JOY BHAVAN, PADAPPAKARA P.O., MULAVANA (VIA) KOLLAM - 691 503. 4. PUSHPALATHA M.V., PUSHPAVIHAR, PADAPPAKARA P.O., KOLLAM - 691 503. * ARE IMPLEADED AS ADDL. R3 AND R4 AS PER ORDER DATED 01/06/2011 IN I.A. NO.396/2011. R-1 BY ADVS. SRI.V.V.RAJA SRI.R.RANJITH R3 & R4 BY ADVS. SMT.S.KARTHIKA SRI.M.S.UNNIKRISHNAN SRI.M.R.ANISON SMT.K.P.GEETHA MANI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 28548/2010 APPENDIX PETITIONER'S EXHIBITS: P1: 1ST RESPONDENT'S NOTICE TO PETITIONER. P2: PETITIONER'S REPLY TO EXT.P1. P3: 1ST RESPONDENT'S FURTHER NOTICE TO PETITIONER. P4: PETITIONER'S REPLY TO EXT.P3. P5: PETITIONERS REMINDER LETTER TO 1ST RESPONDENT. P6: 1ST RESPONDENT'S LETTER TO THE PETITIONER. P7: 2ND RESPONDENT'S ORDER IN APPEAL NO.365/2009. P8: 1ST RESPONDENT'S ORDER REJECTING REVISED PLAN. P9: 2ND RESPONDENT'S ORDER IN APPEAL NO.638/2009. P10: 1ST RESPONDENT'S ORDER REJECTING REGULARIZATION APPLICATION. P11: 2ND RESPONDENTS ORDER IN APPEAL NO.869/2009. P12: 1ST RESPONDENT'S ORDER REJECTING REGULARIZATION APPLICATION. P13: APPEAL MEMORANDUM (NO.654/2010) FILED BY THE PETITIONER. P14: I.A. NO.925/2010 (COMMISSION APPLICATION) FILED BY THE PETITIONER IN EXT-P13 APPEAL. P15: I.A. NO.1023/2010 (EARLY HEARING) FILED BY THE PETITIONER IN EXT.P13 APPEAL. P16: 2ND RESPONDENT'S ORDER IN EXT.P15. RESPONDENT'S EXHIBITS: R3(a):COPY OF THE ORDER ISSUED BY THE DISTRICT COLLECTOR, KOLLAM ON 06/07/2011. R3(b):COPY OF THE REPORT SUBMITTED BY THE TAHSILDAR, KOLLAM. R3(c):COPY OF THE REPORT SUBMITTED BY THE CIRCLE INSPECTOR OF POLICE, KUNDARA. R3(d):COPY OF THE REPORT SUBMITTED BY VILLAGE OFFICER,MULAVANA. /TRUE COPY/ P.A. TO JUDGE. svs HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO. 28548 OF 2010 ------------------------------- DATED THIS THE 3RD DAY OF AUGUST, 2011 JUDGMENT Heard the learned counsel for the petitioner. 2. Petitioner challenges Ext.P16 order passed by the Tribunal for Local Self Government Institutions in I.A.No.1023/2010, which was filed by the petitioner praying to post I.A.No.925/2010 for hearing at an early date before hearing the appeal on merits. In Ext.P16 order the Tribunal heard I.A.No.1023/2010 and dismissed as infructuous. The learned counsel for the petitioner submits that I.A.No.925/2010 is pending consideration before the Tribunal. Therefore, Ext.P16 order was passed wrongly stating that I.A.No.1023/2010 has become infructuous. I.A.No.925/2010 was filed for appointment of a Commissioner. This Court by order dated 15/9/2010 directing the Registry to ascertain and report whether Appeal No.654/2010 and I.A.No.925/2010 filed therein are pending and whether the appeal -2- W.P.(C).No.28548/2010 and the application are ripe for hearing and disposal. The Secretary after verification, informed the Registry that Appeal No.654/2010 and IA.No.925/2010 are pending consideration. 3. This Court find that Ext.P16 order passed by the Tribunal is a wrong understanding of the facts and without applying mind. Hence, Ext.P16 is quashed. The Tribunal is directed to consider I.A.No.925/2010 on merits and pass appropriate orders within a period of three weeks from the date of receipt of a copy of this judgment. Writ Petition is disposed of as above. HARUN-UL-RASHID, Judge. kcv.