IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 21ST DECEMBER 2011 / 30TH AGRAHAYANA 1933 WP(C).No. 34322 of 2011(M) -------------------------- PETITIONER: --------------- BALARAM.P, MADAN HOUSE, P.O. KEEZHARA, VIA CHERUKUNNU, KANNAPURAM, KANNUR DISTRICT. BY ADV. MR.DEVAN RAMACHANDRAN MR.K.M.ANEESH MR.S.NIKHIL SANKAR RESPONDENTS: --------------- 1. MURALEEDHARAN, SREE NIVAS, MOTAMMAL.P.O, KANNAPURAM, KANNUR DISTRICT - 670 001. 2. CHERUKKUNNU GRAMA PANCHAYATH, CHERUKUNNU, KANNUR DISTRICT - 670 001, REPRESENTED BY ITS SECRETARY. 3. THE TRIBUNAL FOR LOCAL SELF GOVERNMENT, THIRUVANANTHAPURAM - 695 001. BY GOVERNMENT PLEADER MR.M.MUHAMMED SHAFI FOR R3. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 34322 of 2011(M) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: BUILDING PERMIT. EXT.P2: NOTICE. EXT.P3: ORDER OF R2 IN I.A.NO.1466/2011 IN APPEAL NO.851/2011. RESPONDENTS' EXHIBITS: NIL .... // TRUE COPY // P.A. TO JUDGE. HARUN-UL-RASHID, J. ------------------------ W.P.(C).No.34322 Of 2011 ---------------------- Dated this the 21st day of December, 2011. J U D G M E N T Writ petition is filed challenging Ext.P3 ex-parte interim order passed by the Tribunal for Local Self Government Institutions, Thiruvananthapuram. Petitioner is not a party before the Tribunal in Appeal No.851/2011. Petitioner is aggrieved by the ex-parte interim order passed by the Tribunal. The Panchayath by order dated 3.5.2010 issued permit to the 1st respondent to reconstruct the building. Petitioner is the resident of the locality wherein the 1st respondent's building is situated. Petitioner submits that the 1st respondent on the strength of the order dated 3.5.2010 issued by the Panchayath is constructing a new building in violation of the Building Rules. On the basis of the complaint lodged by the petitioner and other residents of the locality the 2nd respondent issued Ext.P2 stop memo. 2. The 1st respondent challenged Ext.P2 stop memo before the Tribunal. The Tribunal passed Ext.P3 order staying the operation of Ext.P2 stop memo. Since the petitioner is ::2:: W.P.(C).No.34322 Of 2011 aggrieved by the interim order passed by the Tribunal, it is for him to approach the Tribunal for vacating the said order. For that purpose, it is for the petitioner to get himself impleaded as additional respondent. For that necessary application shall be made before the Tribunal. In these circumstances, there is no scope for interfering with Ext.P3 ex-parte interim order passed by the Tribunal. Without prejudice to the right of the petitioner to move before the Tribunal for appropriate reliefs, the writ petition is dismissed. In the event of the petitioner filing necessary applications before the Tribunal, the Tribunal shall expedite the proceedings and pass appropriate orders. HARUN-UL-RASHID, Judge. bkn/-