IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE WEDNESDAY, THE 19TH MARCH 2008 / 29TH PHALGUNA 1929 WP(C).No. 35369 of 2007(I) -------------------------------------- PETITIONER: -------------------- T.S.BALAKRISHNAN, THAIVALAPPIL HOUSE, PONALLUR, KANJANI P.O., THRISSUR. BY ADV. SRI.N.N.SUGUNAPALAN(SR,) SRI.S.SUJIN RESPONDENTS: ------------------------ 1. THE SECRETARY, SPECIAL GRADE, MANALUR GRAMA PANCHAYAT, P.O.KANDASSANKADAVU, THRISSUR. 2. THE MANALUR GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, P.O.KANDASSANKADAVU, THRISSUR. 3. THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, THRISSUR, THE CONVENOR, GREEN CHANNEL COMMITTEE, THRISSUR DISTRICT. 4. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 5. RADHAKRISHNAN, S/O.SANKARAN, VISWAMANGALATH, 6/288, MANALUR GRAMA PANCHAYAT, THRISSUR DISTRICT. 6. THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM. *ADDL.R7 IS IMPLEADED: R7. C.P.ROBIN, S/O.PAVITHRAN, CHULLIPARAMBIL HOUE, PONALLUR DESOM, MANALUR VILLAGE, TRICHUR TALUK. (*ADDL.R7 IS IMPLEADED AS PER ORDER DTD. 9/01/2008 IN I.A.NO.238/08) R1 & R2 BY ADV. SRI. K.P.VIJAYAN R3 BY SR.GOVERNMENT PLEADER SRI. K.J.MOHAMMED ANZAR R5 BY ADV. SRI.V.M.SHYAMKUMAR BY ADV. SRI.N.RAGHURAJ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/03/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.35369 of 2007 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 19th March, 2008 JUDGMENT Under challenge in this Writ Petition is Ext.P11 order passed by the Tribunal for Local Self Government Institutions rejecting Ext.P10 appeal as time barred. It cannot be said that the Tribunal is wrong since the Tribunal does not have power under the statute for condoning delay beyond 30 days. But at the same time, I feel that in view of the circumstances which attend on this case including the circumstance that Ext.P10 was filed in response to the directions of this court in Ext.R7(k) judgment in W.P.C.No.5682/07 and the further circumstance that the matter has not been wilfully delayed by the petitioner after he obtained a copy of Ext.R7(k) judgment, I am inclined to direct the Tribunal on considerations of justice and the consideration that causes should be adjudicated by a competent judicial authority, I quash Ext.P11 and direct the Tribunal to register Ext.P10 appeal and dispose of the same in accordance with law at the earliest and at any rate within one month of receiving copy of this judgment. It is made clear that this court has not expressed any opinion regarding the grounds pertaining to the merits of the other issues between the parties. The Writ Petition is disposed of as above. srd PIUS C.KURIAKOSE, JUDGE W.P.C.No. - 2 -