IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 7TH JUNE 2010 / 17TH JYAISTHA 1932 WA.No. 783 of 2010() -------------------- AGAINST THE JUDGEMENT IN WPC.36451/2009 Dated 09/02/2010 .................... APPELLANT(S): PETITIONER IN W.P.(C)NO.36451/09) ----------------------------------------------- THRIKKAKARA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY (SPECIAL GRADE), KAKKANAD, KOCHI. BY ADV. SRI.S.SHANAVAS KHAN SMT.S.INDU RESPONDENT(S): RESPONDENTS 1 AND 2 IN W.P.(C)NO.36451/09 -------------------------------------------------------- 1. THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM. 2. M/S.MIR REALTORS PVT.LTD., IST FLOOR, M.M.BUILDING, NEAR NOTH TOWN HALL, ERNAKULAM, REPRESENTED BY ITS MANAGING DIRECTOR. ADV. SRI.ABRAHAM MATHEW (VETTOOR) FOR R2 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 07/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN & S.S.SATHEESACHANDRAN, JJ. ------------------------------------------- W.A.No.783 OF 2010 ------------------------------------------- Dated this the 7th day of June, 2010 JUDGMENT Thottathil B.Radhakrishnan, J. 1.The appellant panchayat granted a no objection certificate to the second respondent, a builder, as early as in 2005. Thereafter, Ext.P1 building permit was issued by the panchayat in 2007, after the Kerala Municipality Building Rules became applicable to that panchayat area. 2.Later, certain issues arose regarding the drawal of underground cables for the supply of electrical energy. That matter initially came to this Court and Ext.P8 judgment was issued. Thereafter, the panchayat issued a provisional order essentially taking the stand that its decision has not been complied with. The builder filed an appeal to the Tribunal for Local Self Government Institutions and obtained an order of WA.783/10. 2 stay. Pending that appeal, yet another action was taken against the builder. That led to another appeal before the Tribunal. When the Tribunal's order was challenged, the learned single Judge, after going into the facts, rightly held that the committee of the panchayat was without jurisdiction to resolve on 07.08.09 to withdraw its earlier resolution dated 10.11.08. It was also noticed that in the light of the first proceedings then pending before the Tribunal with an order of stay, the panchayat could not have taken the action. We do not find any legal infirmity or jurisdictional error in the decision of the learned single Judge. Nor do we find that the appreciation of the evidence leading to the impugned judgment is bad. 3.However, we notice that there are certain other local situations, including a possible water-logging and certain complaints at the instance of some other persons. WA.783/10. 3 We, therefore, dismiss the writ appeal leaving open the rights, if any, of any citizen to claim relief, if any, that may be available in accordance with law. It is made clear that the direction of the District Collector to the panchayat regarding the water-logging, which is subject matter of Ext.P11, is left untouched by this and the impugned judgment. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- S.S.SATHEESACHANDRAN, Judge. kkb.8/06.