IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 1ST DECEMBER 2010 / 10TH AGRAHAYANA 1932 WP(C).No. 35530 of 2010(M) -------------------------- PETITIONER(S): --------------- 1. GEORGE, S/O. KURIAKOSE, KODUVTHARA HOUSE, KUMARAKOM. 2. SANTHAMMA GEROGE, W/O. GEORGE, KODUVATHARA HOUSE, KUMARAKOM. PETITIONER ARE REPRESENTED BY THEIR P/A. E.J. JOSE EDAPPALLICHIRAYIL HOUSE, NENDOOR.P.O., KOTTAYAM. BY ADV. SRI.SUBHASH CYRIAC RESPONDENT(S): --------------- 1. A.M. MATHEW, ERIKKATTU BINIBHAVAN, CHOORAKULANGARA, ETTUMANOOR. 2. ATHIRAMMPUZHA GRAMAPANCHAYAT. REPRESENTED BY THE SECRETARY. ADV. SRI.LIJI.J.VADAKEDOM FOR R1 SRI.K.JAJU BABU FOR R2 SMT.M.U.VIJAYALAKSHMI FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C)No.35530/2010 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF THE BUILDING PERMIT G-419/06-07 DATED 11.01.07 EXT.P2. TRUE COPY OF THE REPORT OF THE ADVOCATE COMMISSION. EXT.P3. TRUE COPY OF THE ORDER DATED 05.01.09 IN APPEAL NO.428/08 OF THE LEARNED TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS. EXT.P4. TRUE COPY OF THE ORDER IN APPEAL NO.429/09 DATED 27..06-09 EXT.P5. TRUE COPY OF THE ORDER IN APPEAL NO.828/09 EXT.P6. TRUE COPY OF THE ORDER IN APPEAL NO.460/10. EXT.P7. TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT. EXT.P8. TRUE COPY OF THE APPEAL MEMORANDUM IN APPEAL NO.920/10 BEFORE THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS. EXT.P9. TRUE COPY OF ORDER DATED 20.11.10 IN APPEAL NO.920/10 SETTING THE PETITIONERS EX PARTE. EXT.P10. TRUE COPY OF THE APPLICATION FILED BEFORE THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS. / TRUE COPY / P.S.TO JUDGE P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.35530 of 2010 ----------------------------------------- Dated this the 1st day of December, 2010 JUDGMENT The petitioners are husband and wife. On their application the Secretary of the second respondent Grama Panchayat issued a building permit, a copy of which is produced as Ext.P1. After the building was put up the first respondent objected to the construction raising various contentions. Overruling the said contentions the building was numbered and an occupancy certificate was issued. Aggrieved thereby the first respondent has filed an appeal before the Tribunal for Local Self Government Institutions. On that appeal the Tribunal issued notice to the petitioners. The petitioners appeared and prayed for time to file a written statement. No written statement was filed within time. They were therefore set ex parte and the appeal was posted for final hearing on 29.11.2010. Ext.P9 order passed in that regard is under challenge in this writ petition. 2. When the writ petition came up for hearing today, Sri.Liji J.Vadakkedam, learned counsel appearing for the first respondent submitted that in view of the order of stay passed by this Court, the appeal has been adjourned to 28.12.2010 and that the first W.P(C).No.35530 of 2010 -:2:- respondent has no objection in Ext.P9 order being set aside and the petitioners being permitted to participate in the proceedings if the petitioners file their written statement within a time limit to be fixed by this Court. Sri.Subhash Syriac, learned counsel appearing for the petitioners, submitted that the petitioners will file their written statement or objections within two weeks from today. Sri.Jaju Babu, learned counsel appearing for the second respondent Panchayat did not seriously oppose the said request. In such circumstances, having regard to the submissions made at the Bar I allow the writ petition, quash Ext.P9 and direct the Tribunal for Local Self Government Institutions to hear the petitioners also before disposing of Appeal No.920 of 2010 in the event of the petitioners filing their written statement within two weeks from today. It is clarified that if the petitioners do not file their written statement within two weeks from today, this direction will stand recalled and the Tribunal will be free to proceed to dispose of the appeal without affording the petitioners any further opportunity to file their written statement. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.35530 of 2010 ---------------------------- JUDGMENT 1st December, 2010