IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 22ND SEPTEMBER 2010 / 31ST BHADRA 1932 WA.No. 1407 of 2010() --------------------- AGAINST THE JUDGEMENT IN WPC.14007/2009 Dated 02/03/2010 .................... APPELLANTS/RESPONDENTS No.3 and 4: -------------------------------------------- 1. THE RAMANATTUKARA GRAMA PANCHAYATH, RAMANATTUKARA, MALAPPURAM DISTRICT, REP. BY ITS SECRETARY. 2. THE SECRETARY, THE RAMANATTUKARA GRAMA PANCHAYATH, RAMANATTUKARA, MALAPPURAM DISTRICT. BY ADV.MR. K. JAYAKUMAR, SR.ADVOCATE BY ADV. SRI.P.B.KRISHNAN RESPONDENTS/ PETITIONER AND RESPONDENTS 1 AND 2: --------------------------------------------------------------- 1. P.MUJEEB RAHMAN, S/O.AVARANKUTTY HAJEE, ZAIBOONA MANZIL, RAMANATTUKARA P.O., KOZHIKODE DISTRICT. 2. THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM. 3. M.ABDUL NADEER, MARANGATTU, POYIL THODU, CHELAMBRA P.O., MALAPPURAM. R1 BY ADV. SHRI R. RAMADAS R2 BY Sr . GOVERNMENT PLEADER ADV. MR. BENNY GERVASIS R3 BY ADV. MR. V.G. ARUN & BY ADV. SRI.T.R.HARIKUMAR THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 22/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J. CHELAMESWAR, CJ & P.R. RAMACHANDRA MENON, J. .............................................................................. W.A.No. 1407 OF 2010 ......................................................................... Dated this the 22nd September, 2010 J U D G M E N T J. Chelameswar, CJ. This appeal is filed by the third respondent in the Writ Petition (C) No. 14007 of 2009. The said Writ Petition was filed by the first respondent herein aggrieved by the decision of the Tribunal constituted under Section 271S of the Kerala Panchayat Raj Act . 2. The facts leading to the above Writ Petition are as follows: Aggrieved of the decision of the first appellant herein, to reject the application of the third respondent for a licence to run a chicken stall, the third respondent herein carried a Revision to the above mentioned Tribunal. 3. The Revision of the third respondent was allowed holding that the decision of the Panchayat declining such permission is not sustainable since it has no such jurisdiction to take such a W.A.No. 1407 OF 2010 2 decision. The appellant Panchayat did not chllenge the decision of the Tribunal. The first respondent, who is a third party to the entire proceedings challenged the decision of the Tribunal by way of Writ Petition (W.P.(C)No. 14007 of 2009) which was dismissed by judgment dated 02.03.2010. In our opinion, the appellants, who never chose to challenge the order of the Tribunal, cannot be permitted now to challenge the order of the learned single Judge in the Writ Petition. We see no reason to entertain the appeal and it is dismissed accordingly. J. CHELAMESWAR, CHIEF JUSTICE. P.R. RAMACHANDRA MENON, JUDGE. lk