IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 22ND AUGUST 2008 / 31ST SRAVANA 1930 WP(C).No. 12772 of 2005(U) -------------------------------------- PETITIONER: ------------------- G.S.RAMESH KUMAR, T.C.17/989, ANCHUMURI, POOJAPPURA, THIRUVANANTHAPURAM. BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR RESPONDENT: ------------------------ 1. THE CORPORATION OF THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. *ADDL. R2 & R3 ARE IMPLEADED. 2. THE COURT OF THE TRIBUNAL FOR SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM. 3. N.KRISHNAMOORTHY, TC 17/1643111,. KETTU ROAD, POOJAPPURA,. THIRUVANANTHAPURAM. *ADDL. R2 & R3 ARE IMPLEADED AS PER ORDER DT. 26.5.2005 IN IA. 6133/05. ADV. SRI.R.S.KALKURA FOR R3 SRI.M.R.SARIN FOR R3 BY GOVERNMENT PLEADER SRI.MUHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.12772/2005 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE NOTICE NO.TP 8/11233/03 DT.16.12.2004 OF THE RESPONDENT. EXT.P2:- COPY OF THE EXPLANATION NO.T.P.8/11233/03 DT. 16.12.04 BEFORE THE SECRETARY CORPORATION OF THIRUVANANTHAPURAM DT. 27.12.04. EXT.P3:- COPY OF THE ACKNOWLEDGMENT MEMO DT. 27.12.2004, RECEIPT OF EXT.P2, ACKNOWLEDGED BY THE RESPONDENT. EXT.P4:- COPY OF THE TAX RECEIPTS NO.84257 DT. 30.12.1996 ISSUED BY THE CORPORATION. EXT.P5:- COPY OF THE TAX RECEIPTS NO.021124 DT. 5.9.1983 ISSUED BY THE CORPORATION. EXT.P6:- COPY OF THE TAX RECEIPT NO.22071 DT. 14.12.1979 ISSUED BY THE CORPORATION. EXT.P7:- COPY OF THE TAX RECEIPT NO.48366 DT. 12.12.1986 IISSUED BY THE:- CORPORATION. EXT.P8:- COPY OF THE APPEAL NO.72/2004 DT. 28.12.2004, BEFORE THE TRIBUNAL FOR LOCAL SELF GOVT. INSTITUTIONS TVM. EXT.P9:- COPY OF THE INTERIM ORDER DT. 31.12.2004 OF THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM. EXT.P10:- COPY OF THE STATEMENT FILED BY THE RESPONDENT BEFORE THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, TVM., DT. 8.2.2005. EXT.P11:- COPY OF THE ORDER DT. 18.3.2005 IN APPEAL NO.72/04 OF THE TRIBUNAL FOR LOCAL SELF GOVT. INSTITUTIONS, TVM. EXT.P12:- COPY OF THE REPRESENTATIONSUBMITTED BY THE PETITIONER DT. 6.4.2005 BEFORE THE RESPONDENT. EXT.P13:- COPY OF THE A/D MEMO ISSUED TO THE PETITIONER RECEIPT OF EXT.P12 BY THE RESPONDENT , DT. 6.4.05. /TRUE COPY/ P.A. TO JUDGE tss KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.12772 OF 2005 --------------------------------------- Dated this the 22nd day of August, 2008. J U D G M E N T Exhibit P11 order passed by the Tribunal for Local Self Government Institutions is under challenge. The issue pertains to the steps taken by the respondent-Corporation for demolishing an alleged unauthorized construction made by the petitioner. The Tribunal has rejected the appeal on the ground that Corporation had passed final order under Section 406(3) of the Kerala Municipalities Act, 1994. 2. The contention of the petitioner is that there is no such order and at any rate no orders have been served on the petitioner. 3. There will be a direction to the first respondent to serve the order, if any, passed under Section 406(3) of the Act within a period of two months from the date of receipt/production of a copy of this judgment and thereafter it will be open to the petitioner to pursue his remedy before the Tribunal. In that view of the matter, Exhibit P11 is quashed and further proceedings against the petitioner by the first respondent W.P.(C) No.12772/05 2 shall stand deferred for a period of six months in order to enable the petitioner to workout the remedy before the Tribunal. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp W.P.(C) No.12772/05 3 KURIAN JOSEPH, J. W.P.(C) No. 12772 OF 2005 J U D G M E N T 22.08.2008