IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE MONDAY, THE 10TH MARCH 2008 / 20TH PHALGUNA 1929 WP(C).No. 6420 of 2008(L) ------------------------- PETITIONER: ------------ KARTHIAYANI, AGED 61 YEARS, W/O.BALAN, KADAVARATH HOUSE, CHALISSERY, OTTAPALAM TALUK, PALAKKAD DISTRICT. BY ADV. SRI.C.D.DILEEP RESPONDENTS: ------------- 1. TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM. *2. NAGILISSERY GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, NAGILISSERY, PALAKKAD. (*IMPLEADED SUO MOTU AS ADDITIONAL 2ND RESPONDENT VIDE ORDER DATED 25/02/2008) BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY for Panchayat SRI.S.A.ANAND SHRI.K.J.MOHAMMED ANZAR, SR. GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE, J. ------------------------- W.P.(C) No. 6420 of 2008 --------------------------------- Dated, this the 10th day of March, 2008 J U D G M E N T This writ petition has been filed by the petitioner who is seeking a direction to the 1st respondent Tribunal for Local Self Government Institutions to condone the delay of 21 days (corrected as 61 days) caused in the matter of preferring Ext.P2 appeal. Shri.Aravindakshan Pillai, learned counsel for the Panchayat submits that the writ petition itself is not maintainable in as much as the petitioner is yet to file Ext.P2 appeal before the Tribunal. The learned counsel for the petitioner Shri.C.D.Dileep would concede that the petitioner has not so far filed Ext.P2 appeal before the Tribunal. If the petitioner wants to file Ext.P2 appeal before the Tribunal, he has to file the same and it is for the Tribunal to pass appropriate orders admitting or rejecting the appeal considering the time that has elapsed after the order impugned in the appeal was issued. In other words, the present writ petition is premature and I dispose of the same directing the petitioner to file Ext.P2 or any other appeal, which he wants to file against any notice or order issued against him by the Panchayat, before the Tribunal. (PIUS C.KURIAKOSE, JUDGE) jg