IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE THURSDAY, THE 21ST FEBRUARY 2008 / 2ND PHALGUNA 1929 WP(C).No. 18900 of 2007(Y) -------------------------- PETITIONER: ------------ P.N.NARAYANAN NAMBOODIRI, S/O.NARAYANAN NAMBOODIRI, AGED 50 YEARS, PALATHINKARA (SHABAREESAM), MUNICIPAL OFFICE WARD, ALAPPUZHA. BY ADV. SRI.GRASHIOUS KURIAKOSE SRI.B.PRAMOD RESPONDENTS: ------------- 1. THE SECRETARY, ALAPPUZHA MUNICIPALITY. 2. THE TRIBUNAL FOR LOCAL SELF GOVERNMENT, THIRUVANANTHAPURAM. *3. THE SECRETARY TO GOVERNMENT, DEPARTMENT OF LOCAL SELF GOVERNMENT INSTITUTIONS, SECRETARIAT, THIRUVANANTHAPURAM. (*IMPLEADED AS ADDITIONAL R3 VIDE ORDER DATED 28/09/2007 IN IA 12868/2007) R1 BY SHRI.M.K.CHANDRANMOHAN DAS ADDL. R3 BY C.M.SURESH BABU, SPL. GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE, J. ------------------------- W.P.(C) No. 18900 of 2007 --------------------------------- Dated, this the 21st day of February, 2008 J U D G M E N T Even though several grounds have been raised in this writ petition regarding the applicability of Section 5 of the Limitation Act to the proceedings before the Tribunal of Local Self Government Institutions, I am not inclined to examine the merits of those grounds. I find that the delay is only 55 days and the petitioner has given a plausible explanation for the delay. It appears that certain attractive grounds have been taken in Ext.P5 appeal before the Tribunal. Considering the circumstances, which attend in this case and on considerations of justice, I feel the Tribunal should be directed to entertain the appeal and dispose of the same on merits. Under these circumstances, I direct the Tribunal to receive Ext.P5 appeal on file, if it is presented within 7 days from today, register the appeal and dispose of the same in accordance with law at the Tribunal's earliest. This writ petition is disposed of as above. (PIUS C.KURIAKOSE, JUDGE) jg