IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 30TH SEPTEMBER 2009 / 8TH ASWINA 1931 WP(C).No. 18000 of 2009(T) -------------------------- .................... PETITIONER(S): --------------- SMT.M.SAKUNTHALA, W/O.SREENIVASAN ERADI, "SREE NILAYAM", KAKKODE P.O., KOZHIKODE. BY ADV. SRI.K.PRAVEEN KUMAR RESPONDENT(S): --------------- 1. KAKKODI GRAMA PANCHAYATH, REP. BY SECRETARY, KAKKODI P.O., KOZHIKODE. 2. THE SECRETARY, KAKKODI GRAMA PANCHAYATH, KAKKODI P.O., KOZHIKODE. 3. ENIYACHANIL RASEEK, S/O.MOIDEEN, PUTHURVATTOM, BALUSSERY, KOYILANDY TALUK, KOZHIKODE. ADV. SRI.SUNNY MATHEW FOR R1 & 2 SRI.C.P.MOHAMMED NIAS FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX(WPC 18000/2009) PETITIONER'S EXTS. EXT.P1 TRUE COPY OF THE BUILDING PERMIT. EXT.P2 TRUE COPY OF THE SKETCH PRODUCED BEFORE THE 1ST RESPONDENT. EXT.P3 TRUE COPY OF THE APPEAL JUDGMENT IN AS 125/1995 OF SUBORDINATE JUDGE, KOZHIKODE EXT.P4 TRUE COPY OF THE BUILDING PERMIT. EXT.P5 TRUE COPY OF THE PROCEEDINGS OF R2 DTD. 13.5.2008. EXT.P6 TRUE COPY OF THE JUDGMENT IN WPC 21080/.2008 OF THIS COURT. EXT.P7 TRUE COPY OF THE ORDER IN AS 277/2009 OF TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM. EXT.P8 TRUE COPY OF THE ORDER OF THE SECOND RESPONDENT DTD. 2.3.2009. lgk //TRUE COPY// THOTTATHIL B. RADHAKRISHNAN, J ........................................... WP(C).NO. 18000 OF 2009 ............................................ DATED THIS THE 30TH DAY OF SEPTEMBER, 2009 JUDGMENT A building permit issued to the third respondent was cancelled by the Secretary of the Grama Panchayat. On grounds including that the third respondent was not heard before such decision, he obtained Ext.P6 judgment from this Court ordering reconsideration. The petitioner herein was the second respondent in that writ petition. Both of them were heard and Ext.P8 was issued. The third respondent carried that matter to the Tribunal for Local Self Government Institutions and obtained Ext.P7 order. The Tribunal held that the third respondent herein could not be faulted by the panchayat Secretary of having suppressed certain litigations on a right of way. It is also held that no ground referable to Rule 16 of KMBR was specifically enumerated. It was accordingly that Ext.P7 was issued. The fact remains that the petitioner was not a party to Ext.P7 proceedings. Therefore, she challenges Ext.P7 as one issued without hearing her and also that on ground realities, the cancellation of permit has necessarily to Wpc 18000/09 2 stand. 2. A perusal of Ext.P8 which led to Ext.P7 would show that even the panchayat Secretary had found against the claim put forward by the petitioner herein. The Tribunal did not raise its suggestion on any ground referable to the petitioner herein. Initially, Tribunal was not called upon to decide that issue because that stood against the petitioner even at the stage of Ext.P8 decision of the panchayat Secretary. 3. With the aforesaid, the impugned Ext.P7 issued by the Tribunal for Local Self Government Institutions, though without notice to the petitioner, does not work out any injustice to her more so, because the petitioner would also have an opportunity of being heard by the panchayat Secretary, following the order of remit contained in Ext.P7. Under such circumstances, Ext.P7, to the extent it orders remit is confirmed and the petitioner and the third respondent are directed to appear before the second respondent for further proceedings on the basis of Ext.P7. Let the final decision follow as early as possible, at any rate, within a period of 45 days from the date of receipt of a copy of this judgment. Following Ext.P6 judgment and the interim order Wpc 18000/09 3 issued in this case, the third respondent will not carry out any further construction until decision is taken by the panchayat Secretary as directed above. The writ petition is ordered accordingly. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/1/10