IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 1ST JULY 2009 / 10TH ASHADHA 1931 WP(C).No. 10232 of 2009(Y) -------------------------------------- PETITIONER(S): ---------------------- M. JAYASANKAR, JAYAKARTHI, CMC4, PULIYANNOOR MADOM,CHERTHALA,REP. BY HIS POWER OF ATTORNEY HOLDER, M.P.GOPINATHA MENON, S/O.R.PARAMESWARAN PILLA, RESIDING AT JAYAKARTHI, CMC4,PULIYANNOOR MADOM, CHERTHALA. BY ADV. MR.G.SUKUMARA MENON MR.P.SANTHOSH KUMAR (PANAMPALLI NAGAR) SMT.DEEPTHI S.MENON RESPONDENT(S): ------------------------- 1. THE CHERTHALA MUNICIPAL COUNCIL, REPRESENTED BY ITS CHAIRMAN. 2. THE CHERTHALA MUNICIPALITY, REPRESENTED BY THE MUNICIPAL SECRETARY,CHERTHALA. 3. THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM. R3 BY GOVERNMENT PLEADER MR.V. MANU. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.10232 OF 2009 ------------------------------------------- Dated this the 1st day of July, 2009 JUDGMENT The petitioner is aggrieved by Ext.P3, an order rejecting the application for building permit. That was challenged before this Court. Noticing that Ext.P3 is an appealable order, this Court issued Ext.P4, dismissing the challenge and preserving the right of the petitioner to challenge the impugned decision in a properly constituted appeal. Such an appeal was preferred but has been rejected as per Ext.P6 on ground that it is beyond the period prescribed and even beyond the period that could have been condoned by the Tribunal for Local Self Government Institutions in terms of the Kerala Municipality Act and the Rules as they now stand. The challenge in this writ petition is confined to the legality of that order on the face of the statutory provision on the basis of which the Tribunal has issued the impugned decision. I do not find any legal infirmity of jurisdictional error in the impugned order. The writ petition fails. The same is accordingly dismissed. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.1/7.