IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 25TH AUGUST 2008 / 3RD BHADRA 1930 WP(C).No. 19915 of 2008(U) -------------------------- PETITIONER: ---------------- MATHAI MANI, AGED 39 YEARS, S/O.VARKEY MATHAI, PITTAPPILLIL HOUSE, RAMANGALAM KARA, MARADY VILLAGE, MUVATTUPUZHA TALUK. BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENTS: ------------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY, LOCAL ADMINISTRATION, SECRETARIAT, TRIVANDRUM. 2. TRIBUNAL FOR LOCAL SELF GOVERNMENT, TRIVANDRUM. 3. MUVATTUPUZHA MUNICIPALITY, REPRESENTED BY ITS SECRETARY, MUVATTUPUZHA. BY GOVT.PLEADER SMT.K.R.DEEPA SRI.V.M.KURIAN, SC FOR MUNICIPALITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = = W.P.(C) No. 19915 OF 2008 U = = = = = = = = = = = = = = = = = Dated this the 25th day of August 2008 J U D G M E N T Heard both sides. 2. Ext. P4 order is under challenge. Ext. P4 is an order passed by the Tribunal for Local Self Government Institutions rejecting Ext. P3 application filed along with Ext. P2 appeal, praying for condonation of delay. The reason for rejection is that the power of the Tribunal for condonation is confined to 30 days in terms of the provisions contained in the Tribunal Rules. 3. True, as stated in Ext. P4, the Tribunal's power of condonation of delay is confined to 30 days, but however, having regard to the fact that the consequence of Ext. P1 is the demolition of a structure put up by the petitioner, I am satisfied that on the reasons stated in Ext. P3, this Court should exercise its discretionary power and direct that the matter be considered on merits, as otherwise substantial injustice will be caused to the W.P.(C) No. 19915 OF 2008 -2- petitioner and to prevent the same, I direct that the Tribunal shall consider Ext. P2 appeal filed by the petitioner against Ext. P1 on merits with notice to all concerned. For that purpose, Ext. P4 will stand quashed and the Tribunal shall dispose of the appeal in the manner as stated above. Writ petition is disposed of as above. ANTONY DOMINIC JUDGE jan/-