IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 975 of 2009(N)
1. T.K.JAYAN, S/O.KUMARAN AGED 45
... Petitioner
Vs
1. CHALAKUDY MUNICIPALITY, REPRESENTED BY
... Respondent
2. SECRETARY, CHALAKKUDY MUNICIPALITY,
3. SRI.RAJESH,CHETTAKKA, CHALAKUDY.
4. THE TRIBUNAL FOR LOCAL SELF GOVERNMENT
5. THE OMBUDSMAN FOR LOCAK SELF GOVERNMENT
For Petitioner :SRI.S.SREEKUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :09/01/2009
O R D E R
S. Siri Jagan, J.
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W. P (C) No. 975 of 2009
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Dated this, the 9th January, 2009.
J U D G M E N T
Against Ext. P5 notice directing the petitioner to demolish a
temporary shed within three days, the petitioner filed Ext. P7 appeal
before the Tribunal for Local Self Government Institutions along with
Ext. P8 stay petition. Petitioner’s grievance is that in Ext. P5 notice,
the petitioner had been directed to demolish the building within three
days and the Tribunal is not considering Ext. P8 stay petition. In the
meanwhile, if the stay petition is not considered, the appeal itself
would become infructuous, is the contention raised by the petitioner.
2. I have heard the learned standing counsel for respondents 1
and 2 also.
In the facts and circumstances of the case, I dispose of this writ
petition with a direction to the 4th respondent-Tribunal to consider and
pass orders on Ext. P8 as expeditiously as possible. Till orders are
passed on the I.A, further proceedings pursuant to Ext. P5 notice
shall be kept in abeyance. It would be open to the Tribunal to
consider and pass orders in the appeal itself, if the Tribunal is so
inclined.
Sd/- S. Siri Jagan, Judge.
Tds/
[True copy]
P.S to Judge.