IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 22ND SEPTEMBER 2008 / 31ST BHADRA 1930 WP(C).No. 27587 of 2005(H) -------------------------- PETITIONER: ------------ SUBASH NAIR, S/O.K. YESODA KAVU, FLAT NO.1, ARUN APARTMENTS, 3RD AVENUE, INDIRA NAGAR, ADAYAR (P.O), CHENNAI-600 020. BY ADV. SRI.P.CHANDRASEKHAR RESPONDENTS: ----------------- 1. PALAKKAD MUNICIPALITY, REPRESENTED BY ITS SECRETARY, PALAKKAD. 2. SMT. LEEMA ROASE, 15/650, KUNNATHOORMEDU (P.O), PALAKKAD. 3. THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT OF KERALA, DEPARTMENT OF LOCAL SELF GOVERNMENT, SECRETARIAT, TRIVANDRUM.C BY ADV. SRI.V.CHITAMBARESH FOR R1 SRI.T.C.SURESH MENON FOR R1 SRI.P.K.SURESH KUMAR FOR R2 SRI.K.P.SUDHEER FOR R2 SRI.K.M. JAMALUDHEEN -SC GOVERNMENT PLEADER SRI. M.R. SABU. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 27587 of 2005 EXT.P1: COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER TO R1. EXT.P2: COPY OF THE LETTER NO.PW4/2002 OF R1. EXT.P3: COPY OF THE NOTICE NO.PW.4-7237/02 DTD 15.11.2002 ISSUED BY R2. EXT.P4: COPY OF THE JUDGMENT IN O.P.NO.1861/2003 DTD 13.2.2004 ISSUED BY THIS HON'BLE COURT. EXT.P5: COPY OF THE JUDGMENT DTD 4.1.2005 IN CON. CASE NO. 1586 OF 2004 ISSUED BY THIS HON'BLE COURT. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.27587 OF 2005 ---------------------------------------- Dated this the 22nd day of September, 2008 JUDGMENT The petitioner filed this writ petition complaining of illegal and unauthorised construction, close to the petitioner's property, by the 2nd respondent. Although the 1st respondent had ordered demolition of the illegal structure, the same is not enforced, is the grievance raised by the petitioner in this writ petition. 2. From the writ petition itself, I note that there was an earlier proceedings initiated by the 1st respondent in respect of the same subject matter, which is covered by Ext.P4 judgment, wherein this Court had directed appointment of the Presiding Officer for the Tribunal for Local Self Government Institutions, for considering the appeal filed by the 2nd respondent herein. Pursuant to the same, a Contempt Case was filed, in which this Court passed Ext.P5 order, whereby the petitioner herein who was the petitioner in the Contempt Case, was directed to move the Tribunal for expeditious disposal of the appeal. I do not think that in the above circumstances, it is necessary to consider this W.P.(c)No.27587/05 2 matter on merits in so far as the matter is pending in appeal. In the above circumstances, the writ petition is disposed of with the following directions: If the Government has not yet made over the appeal filed by the 2nd respondent to the Tribunal, the 3rd respondent shall do so within a period of three weeks from the date of receipt of a copy of this judgment. On receipt of the appeal, the Tribunal shall consider the same and pass appropriate orders in accordance with law, after hearing all parties, expeditiously. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.27587/05 3