IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 6TH FEBRUARY 2009 / 17TH MAGHA 1930 WP(C).No. 3966 of 2009(V) -------------------------------- PETITIONER(S): --------------- KANDAM KULANGARA MASJIDUL MANNAN MAHALLU COMMITTEE REP. BY ITS SECRETARY, K.ABOOBACKER, S/O.KALLIYIL KUTTI HASSAN, AGED 66, KALLIYIL HOUSE, CHENAKKALANGADI PO., THENHIPALAM AMSOM AND DESOM. BY ADV. MR.E.NARAYANAN RESPONDENT(S): ------------------ ADDL.SECRETARY TO THE GOVERNMENT LOCAL SELF GOVERNMENT DEPARTMENT THIRUVANANTHAPURAM. GOVERNMENT PLEADER MS. K.R. DEEPA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.3966 OF 2009 ---------------------------------------- Dated this the 6th day of February, 2009 JUDGMENT The petitioner obtained a licence for construction of a burial ground in accordance with the Kerala Panchayat Raj (Burning and Burian Grounds) Rules 1998. Against the same, one Perincherikkara Alavi and one K. Kunhalan filed Ext.P2 appeal before the Secretary to the Government as provided under the Rules. That appeal has been entertained and Ext.P3 order of stay has been passed by the Government. According to the petitioner, that appeal is not maintainable, since it has been filed beyond the period prescribed in the Rules and the Rules do not provide for any power to condone the delay. Further the petitioner submits that no application for condonation of delay is also filed along with Ext.P2. According to the petitioner, In the above circumstances, the Government ought not have issued Ext.P3 stay in a time barred appeal. Therefore, the petitioner seeks the following reliefs: W.P.(c)No.3966/09 2 “i) To issue a writ of mandamus or any other appropriate writ or direction, directing the respondent to pass orders in Exhibit P2 appeal within such time as prescribed by this Honourable Court. ii) To declare that in view of (i) the exparte interim order of stay (Exhibit P3) (ii) the fact that none of the appellants was present for hearing and (iii) the Exhibit P2 appeal was time barred, the respondent is not justified in not dismissing Exhibit P2 appeal”. 2. I have heard the learned counsel for the petitioner as also the learned Government Pleader. I am of opinion that having issued Ext.P3 stay order in Ext.P2 appeal, the Government should dispose of the appeal expeditiously. Accordingly, this writ petition is disposed of with a direction to the respondent to consider and pass orders on Ext.P2 appeal as expeditiously as possible, at any rate, within a period of six weeks from the date of receipt of a copy of this judgment. The petitioner shall forward a certified copy of this judgment along with a copy of the writ petition to the respondent for compliance. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.3966/09 3