IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 29TH JULY 2008 / 7TH SRAVANA 1930 WP(C).No. 22904 of 2008(B) -------------------------- PETITIONER: -------------- JUDE .P.L., S/O LATE LAWRENCE, PANACKAL HOUSE, NEAR ILLICKAL JUNCTION, KUMBALANGHI P.O., KOCHI. BY ADV. SRI.S.VASUDEVAN SRI.C.K.RAJEEV (AROOR) RESPONDENTS: ----------------- 1. SPECIAL GRADE GRAMA PANCHAYAT, KUMBALANGHI REPRESENTED BY ITS SECRETARY. 2. ST. PETER'S CHURCH REPRESENTED BY ITS VICAR, ST. PETER'S CHURCH, KUMBALANGHI P.O., ERNAKULAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------------- W.P.(C) 22904 of 2008 -------------------------------------------------------- Dated: JULY 29, 2008 JUDGMENT Ext.P8 order passed by the Tribunal for Local Self Government Institutions is under challenge. 2. The appeal in question was filed by the 2nd respondent against Ext.P2 order issued by the 1st respondent Panchayat directing demolition of a structure constructed by the 2nd respondent. It is seen from Ext.P8 appellate order that the Tribunal has given cogent reasons for setting aside Ext.P2. These reasons are that the impugned proceedings were issued by the Secretary of the Panchayat, invoking the provisions contained under the Municipality Act. That apart, in the preliminary order that was issued, the 2nd respondent was given only three days time to give his reply and that the order passed also does not show consideration of any of the contentions raised by the 2nd respondent. It is in view of all these that the WP(C) 22904/08 2 Tribunal has set aside Ext.P8 and directed that the 1st respondent shall initiate fresh proceedings against the 2nd respondent, if there is a situation warranting such an action. 3. Having gone through Ext.P8 and in view of the aforesaid facts, I see no justification to entertain the challenge against Ext.P8. Writ petition fails and is dismissed. ANTONY DOMINIC JUDGE mt/-