IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE THURSDAY, THE 23RD NOVEMBER 2006 / 2ND AGRAHAYANA 1928 WP(C).No. 22675 of 2006(Y) -------------------------- PETITIONER: ------------ RADHAMANI. A., K.S.R.A.63, T.C.30/1165, NEAR PETTAH RAILWAY STATION, TRIVANDRUM. BY ADV. SRI.NAGARAJ NARAYANAN RESPONDENTS: ---------------- 1. SECRETARY, TRIVANDRUM CORPORATION CORPORATION OFFICE, MUSEUM, TRIVANDRUM. 2. TOWN PLANNING OFFICER, TRIVANRUM CORPORATION, CORPORATION OFFICE, MUSEUM, TRIVANDRUM. 3. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. ADDL. 4. THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUIONS, THIRUVANANTHAPURAM. (IMPLEADED AS PER JUDGMENT DT.23.11.06) BY ADV. SRI. N. NANDAKUMARA MENON, SC, TVPM CORPN. SRI. MATHEW G. VADAKKEL, SR. GOVT. PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/11/2006,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE, J. ------------------------------- W.P.(C) No. 22675 OF 2006 ----------------------------------- Dated this the 23rd day of November, 2006 JUDGMENT The Tribunal for Local Self Government Institutions, Thiruvananthapuram is impleaded as additional 4th respondent in the Writ Petition. The registry will carry out necessary corrections. 2. Heard Sri. N.Nagaraj Narayanan, counsel for the petitioner, Sri.Nandakumara Menon, Standing Counsel for the Corporation and also Sri.Mathew G. Vadakkel, learned Government Pleader. Sri. Nandakumara Menon, Standing Counsel has filed a statement on behalf of the 1st respondent Corporation. Even though the Writ Petition has been amended incorporating grounds of challenge against Rule 8(3) of the Tribunal for Local Self Government Institution Rules, which provides that the Tribunal is empowered to condone the delay of only one month, I am of the view that it is not necessary that those grounds be considered in this case. I permit the petitioner to prefer an appeal against Ext.P2 before the Tribunal. If the Tribunal for Local Self Government Institutions receives an appeal against Ext.P2 from the writ petitioner within two weeks of petitioner receiving a copy of this judgment, the Tribunal will entertain that appeal as one filed on time notwithstanding the provisions of Rule 8(3). If any appeal is filed by the petitioner as directed above, the same will be disposed of by the Tribunal- additional 4th respondent in accordance with law at its earliest and at any rate within 4 months of the Thiruvananthapuram Corporation being served with WPC No.22675 of 2006 2 notice. In view of the above directions, the interim order staying demolition will continue for a period of two months from today. PIUS C. KURIAKOSE, JUDGE btt WPC No.22675 of 2006 3