IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 29TH SEPTEMBER 2008 / 7TH ASWINA 1930 WP(C).No. 10346 of 2006(F) -------------------------------------- PETITIONER: ----------------- V.G. PRABHU, AGED 64 YEARS, S/O. LATE S.V. PRABHU, RESIDING AT VIII/559, SREEPATHY APARTMENTS, MATTANCHERRY, ERNAKULAM DISTRICT. BY ADV. SRI.P.N.RAMAKRISHNAN NAIR SRI.P.VISWANATHAN RESPONDENTS: ---------------------- 1. THE SECRETARY, CORPORATION OF KOCHI, PARK AVENUE ROAD, KOCHI-11. 2. CORPORATION OF KOCHI, PARK AVENUE ROAD, KOCHI-11, REPRESENTED BY ITS SECRETARY. 3. THE ASSISTANT EXECUTIVE ENGINEER, CORPORATION OF KOCHI, ZONAL OFFICE, FORT KOCHI. ADV. SRI.PRAVEEN K.JOY,SC,COCHIN CORPORATION FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 10346/2006-F APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PROVISIONAL ORDER DATED 28/12/1994 ISSUED BY THE 1ST RESPONDENT. EXT.P2: COPY OF THE REPLY DATED 20/01/1995 SUBMITTED BY THE PETITIONER. EXT.P3: COPY OF THE NOTICE DATED 06/05/1995 ISSUED BY THE 3RD RESPONDENT. EXT.P4: COPY OF THE COVERING LETTER DATED 23/05/1995 SUBMITTED BY THE PETITIONER. EXT.P5: COPY OF THE ORDER DATED 03/02/1996 ISSUED BY THE FIRST RESPONDENT. EXT.P6: COPY OF THE JUDGMENT PASSED IN O.P. NO.3482 OF 1996 BY THIS HONOURABLE COURT. EXT.P7: COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, TRIVANDRUM. EXT.P8: COPY OF THE I.A. NO.502 OF 2005 SUBMITTED BY THE PETITIONER TO CONDONE THE DELAY. EXT.P9: COPY OF THE ORDER DATED 07/01/2006 PASSED IN I.A. NO.502 OF 2005 BY THE TRIBUNAL. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE Rs/ KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.10346 OF 2006 --------------------------------------- Dated this the 29th day of September, 2008. J U D G M E N T Exhibit P9 order passed by the Tribunal for Local Self Government Institutions is under challenge. As per the said order, Tribunal declined to condone the delay in filing the appeal by the petitioner. 2. According to the petitioner, since this Court has not gone into the merits of the contentions taken by the petitioner in Exhibit P6 judgment, apparently, on the basis of the alternate remedy available to the petitioner, the Tribunal should have condoned the delay in filing the appeal and considered the matter on merits. This is not opposed by the respondents. 3. Be that as it may, it is fairly clear that the question as to whether the petitioner requires permission at all for construction of the water tank is a matter can be gone into only by the Tribunal. Therefore, I am of the view that it is only appropriate in the interests of justice that the matter is considered by the Tribunal on merits. Accordingly, Exhibit P9 is quashed. I.A.No.502/2005 W.P.(C) No.10346/06 2 on the file of the Tribunal is allowed. The Tribunal will number Exhibit P7 appeal and dispose of the same in accordance with law. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp W.P.(C) No.10346/06 3 KURIAN JOSEPH, J. W.P.(C) No. 10346 OF 2006 J U D G M E N T 29.09.2008