IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE MONDAY, THE 11TH FEBRUARY 2008 / 22ND MAGHA 1929 WP(C).No. 23150 of 2007(E) ---------------------------------------- PETITIONERS: ---------------------- 1. S.T.PADMAJA KUMARI, T.C.54/2109, 'PADMOM', MANKARATHOPPU, PAPPANAMCODE, THIRUVANANTHAPURAM. 2. SULOCHANA DEVI, T.C. 54/2109, 'PADMOM', MANKARATHOPPU, PAPPANAMCODE, THIRUVANANTHAPURAM. BY ADV. SRI.K.M.FIROZ RESPONDENTS: ------------------------- 1. THE CORPORATION OF THIRUVANANTHAPURAM, CORPORATION OFFICE, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 2. VIKRAMAN NAIR, AMITH BHAVAN, C.G.S.NAGAR, PAPPANAMCODE, THIRUVANANTHAPURAM. 3. VIJAYA KUMARI AMMA, W/O.VIKRAMAN NAIR, AMITH BHAVAN, C.G.S. NAGAR, PAPPANAMCODE, THIRUVANANTHAPURAM. 4. THE HON'BLE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. K.J. MOHAMMED ANZAR BY SRI. N. NANDAKUMARA MENON, SC, THIRUVANANTHAPURAM CORPN. R2 & R3 BY ADV. SMT.J.V.ANIJA SRI.V.MADHUSUDHANAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.23150/2007 E APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER ZN 2/2496/04 DTD. 5/03/2007 PASSED BY THE 1ST RESPONDENT. EXT.P2: COPY OF THE ORDER PASSED BY THE HON'BLE TRIBUNAL FOR SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM IN APPEALNO.134 OF 2007 DTD. 27/06/07. EXT.P3: COPY OF THE APPEAL MEMORANDUM FILED BY THE PETITIONERS AS APPEAL NO.134 OF 2007. 2ND RESPONDENT'S EXHIBITS: EXT.R2(A): COPY OF STATEMENT. EXT.R2(B): COPY OF ORDER NO.Z.N2/4431/05 DTD. 30/08/2007. /TRUE COPY/ P.A.TO JUDGE Kss PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).No.23150 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of February, 2008 JUDGMENT Under challenge in this writ petition is Ext.P2 order of the Tribunal for Local Self Government Institutions confirming the order passed by the Corporation of Thiruvananthapuram directing the petitioners to produce the consent letter from respondents 2 and 3, who are neighbouring owners. The learned counsel for the petitioner Sri.Firoz.K.M. is right in submitting that the order of the Tribunal is a non-speaking one. According to him, the Tribunal should have remanded the matter back to the Corporation so as to offer opportunity to the petitioners for adducing evidence regarding the age of the building put up by them. 2. I have examined Ext.P2 order of the Tribunal passed on the appeal preferred by the petitioners. There is nothing in Ext.P2 to indicate that prayer for remand was made before the Tribunal, though it is seen that there was a prayer for remand in the appeal memorandum which was submitted before the Tribunal. The Tribunal has examined the issue on the basis of the evidence WPC.No.23150/07 2 which was available and the findings of the Tribunal cannot be said to be faulty. As rightly noticed by the Tribunal that the existing building does not leave the required open space adjacent to the boundary separating the properties of the appellants ( the petitioners) and that of respondent 2 and 3 was not disputed before the Tribunal by either of the sides. The only dispute before the Tribunal was the point of time when the petitioners constructed the building. The Tribunal has perused R1 file and has given excellent reasons for its finding that the constructions were made only subsequent to 07/05/2004. That finding in my opinion cannot be said to be vitiated in any manner. The result of the above discussions is that there is no warrant for interfering with Ext.P2 order of the Tribunal. Challenge against Ext.P2 fails. Writ Petition will stand dismissed. However, there will be a direction to the Corporation not to enforce Ext.P1 for a period of two more months from today. PIUS.C.KURIAKOSE JUDGE sv. WPC.No.23150/07 2