IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 8TH SEPTEMBER 2009 / 17TH BHADRA 1931 WP(C).No. 24525 of 2009(I) --------------------------------------- PETITIONER(S): -------------------------- H.S. MUSTHATHICK, 21, TAGORE GARDENS, KUMARAPURAM, PATTOM, THIRUVANANTHAPURAM. BY SMT.SUMATHY DANDAPANI, SENIOR ADVOCATE, MR.MILLU DANDAPANI. RESPONDENT(S): --------------------------- THE SECRETARY, CORPORATION OF THIRUVANANTHAPURAM, THIRUVANANTHAPURAM. *ADDL.R2 IS IMPLEADED: R2. M.G.GEORGE, S/O.GEEVARGHESE GEORGE, PROPRIETOR, M.G.M.TOURIST HOME, CHALAKKUZHI JUNCTION, PATTOM P.O., THIRUVANANTHAPURAM, RESIDING AT PANCHAMI, NALANDA GARDENS, PATTOM, THIRUVANANTHAPURAM. (*ADDL.R2 IS IMPLEADED AS PER ORDER DTD. 8/09/2009 IN I.A.NO.11093/2009) R1 BY MR. N. NANDAKUMARA MENON, SENIOR ADVOCATE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss THOTTATHIL B.RADHAKRISHNAN, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) No. 24525 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 8th day of September, 2009 JUDGMENT Notice to respondents is dispensed with. 2. The petitioner seeks a direction for consideration and disposal of Ext.P5 and also to quash Exts.P3 and P4. At the stage of admission, it was noted on 26-8-2009 that the petitioner could challenge Ext.P4 in appeal/revision before the Tribunal for Local Self Government Institutions and time had not run out for that by then. 3. As of now, the petitioner has filed appeal/revision against Ext.P4 before the Tribunal for Local Self Government Institutions. 4. It appears that the private respondent carried a dispute between the parties to the Tribunal for Local Self Government Institutions and obtained Ext.P2 without the petitioner being on the array. Accordingly, the learned counsel appearing for the petitioner points out that the petitioner cannot be tied down to the findings, if any, in Ext.P2, while the Tribunal for Local Self Government Institutions considers the appeal/revision against W.P.(C) No. 24525/09 2 Ext.P4. This is a matter that could be considered in accordance with law by the Tribunal for Local Self Government Institutions. 5. Taking into consideration the institution of the appeal/revision before the Tribunal for Local Self Government Institutions, this writ petition is ordered directing, without entering on merits, that the Tribunal will consider all the contentions of the parties, including the petitioner's plea that Ext.P2 is not binding on him. THOTTATHIL B.RADHAKRISHNAN, JUDGE. mn.