IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 6TH FEBRUARY 2009 / 17TH MAGHA 1930 WA.No. 271 of 2009() ------------------------------ AGAINST THE JUDGEMENT/ORDER IN WPC.1756/2009 Dated 21/01/2009 .................... APPELLANT(S): PETITIONER: ------------------------- V.N.PUBLIC HEALTH AND EDUCATIONAL TRUST, REPRESENTED BY THE MANAGING TRUSTEE-SECRETARY, DR.O.KANNAPPAN, NO.25, JAWAHAR MAIN ROAD, NRT NAGAR, THENI-625531, TAMILNADU. BY ADV.MR.S.RADHAKRISHNAN RESPONDENT(S): RESPONDENTS ------------------------------ 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY, LOCAL ADMINISTRATION, GOVT. OF KERALA, GOVT. SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PANCHAYAT, THE DIRECTORATE OF PANCHAYAT, TRIVANDRUM. 3. THE PUDUSSERRY GRAMA PANCHAYAT, REPRESENTED BY THE SPECIAL GRADE SECRETARY, PUDUSSERY GRAMA PANCHAYAT, KANJIKODE P.O., PALAKKAD 678 621. GOVERNMENT PLEADER SMT.K.MEERA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 06/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY, Ag.C.J. & P.BHAVADASAN, J. -------------------------------------- W.A.No.271 of 2009 ------------------------------------- Dated 6th February, 2009 JUDGMENT Koshy, Ag.C.J . Appellant/petitioner is a Trust which aspires to start a self financing college at Palakkad. After obtaining No Objection Certificate from the Panchayat, they started construction of a building, but, thereafter an order was passed by the Panchayat under section 235 of the Kerala Panchayat Raj Act to stop the construction. Petitioner filed W.P.(C)No.37571/2008 in which the petitioner was relegated to the appellate remedy. That judgment has become final. Petitioner filed an appeal under Section 276(4) of the Panchayat Raj Act before the Tribunal along with a delay condonation petition. The Tribunal dismissed the delay condonation petition as the delay was beyond the condonable limit prescribed in the Kerala Panchayat Raj Act and Rules. If statute prescribes a maximum time limit for filing appeal and maximum period for condoning delay, beyond that no statutory authority can entertain such delay condonation petition and appeal. Since the order was pronounced correctly, the learned Judge refused to interfere with the same. We see no ground to interfere with the same in an intra-court appeal. But, if any additional W.A.271/2009 2 materials are available, petitioner is free to approach the Panchayat again for permission to start the construction of the building and Panchayat shall issue notice to the petitioner and all objectors and reconsider the matter untrammelled by the earlier observations. The appeal is disposed of accordingly. J.B.KOSHY ACTING CHIEF JUSTICE P.BHAVADASAN JUDGE tks