IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 29TH APRIL 2011 / 9TH VAISAKHA 1933 WP(C).No. 12704 of 2011(K) -------------------------- PETITIONER: -------------- SAJI ELIAS, AGED 42, S/O ELIAS, CHENOTH KUZHIKANDATHIL HOUSE, THIRUVANIYOOR P.O., PUTHENCRUZ, PIN-682308. BY ADV. SRI.DINESH R.SHENOY SRI.MAHESH MENON RESPONDENTS: ----------------- 1. THE THIRUVANIYOOR GRAMA PANCHAYATH, REP. BY THE SECRETARY, THIRUVANIYOOR GRAMA PANCHAYATH, PIN-682308. 2. THE SECRETARY, THIRUVANIYOOR GRAMA PANCHAYATH, O/O. THIRUVANIYOOR GRAMA PANCHAYATH, PIN-682308. 3. RAJESH K.S., S/O K.K.SREEDHARAN, KANDATHUPARAYIL HOUSE, THIRUVANIYOOR P.O., PUTHENCRUZ, PIN-682308. 4. JAYA SAJEEVAN, W/O LATE SAJEEVAN, NJARATHADATHIL HOUSE, THIRUVANIYOOR P.O., PIN-682308. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N. RAVINDRAN, J. - - - - - - - - - - - - - -- - - - - - - - - - - - W.P.(C) No. 12704 OF 2011 - - - - - - - - - - - -- - - - - - - - - - - - - - Dated this the 29th day of April, 2011 JUDGMENT Ext.P17 resolution adopted by the Thiruvaniyoor Grama Panchayat declining to renew the licence issued to the petitioner to run a quarry is under challenge in this writ petition. The impugned decision was taken on 30.03.2011. Under sub-section(5) of section 276 of the Kerala Panchayat Raj Act, an appeal lies from the said decision to the Tribunal for Local Self Government Institutions constituted under section 271-S of the Kerala Panchayat Raj Act. The period of limitation for filing the appeal is thirty days from the date of the decision. 2. A Division Bench of this Court has in Varghese v. Regional Transport Officer [1984 KLT 1082] held that the date of the order has to be interpreted as the date of receipt or communication of the order appealed against. The petitioner has positively averred that Ext.P17 was received by him only on 30.03.2011. Therefore as on today, the period of limitation has not expired. In such circumstances as the petitioner has an W.P.(C).No. 12704 of 2011 -:2:- efficacious alternate remedy by way of appeal before the Tribunal for Local Self Government Institutions, I am of the opinion that he should avail that remedy instead of seeking the intervention of this Court at this stage. Further the Tribunal can condone the delay, if any, provided the delay is only up to 30 days. I accordingly dismiss the writ petition reserving liberty with the petitioner to challenge Ext.P17 before the Tribunal for Local Self Government Institutions. P.N. RAVINDRAN, JUDGE. ttb W.P.(C).No. 12704 of 2011 -:3:-