Mohanan vs The Tribunal For Local Self … on 21 February, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 1924 of 2007(D)


1. MOHANAN, AGED 49 YEARS,
                      ...  Petitioner

                        Vs



1. THE TRIBUNAL FOR LOCAL SELF GOVERNMENT
                       ...       Respondent

2. THE CHAIRMAN,

3. THE SECRETARY,

4. NJARAKKAL GRAMA PANCHAYATH,

                For Petitioner  :SRI.S.SHANAVAS KHAN

                For Respondent  :SRI.M.N.SANJITH

The Hon'ble MR. Justice PIUS C.KURIAKOSE

 Dated :21/02/2008

 O R D E R
                          PIUS C.KURIAKOSE, J.

                          -------------------------

                       W.P.(C) No. 1924 of 2007

                      ---------------------------------

             Dated, this the 21st day of February, 2008


                              J U D G M E N T

Even though several grounds have been raised in this writ

petition regarding the applicability of Section 5 of the Limitation Act

to the proceedings before the Tribunal of Local Self Government

Institutions, I am not inclined to examine the merits of those

grounds. I find that the delay is only 70 days and the petitioner has

given a plausible explanation for the delay. It appears that certain

attractive grounds have been taken in Ext.P6 appeal before the

Tribunal. Considering the circumstances, which attend in this case

and on consideration of justice, I feel the Tribunal should be

directed to entertain the appeal and dispose of the same on merits.

2. Under these circumstances, I direct the Tribunal to

receive Ext.P6 appeal on file, if it is presented within 7 days from

today, register the appeal and dispose of the same in accordance

with law at the Tribunal’s earliest.

This writ petition is disposed of as above.

(PIUS C.KURIAKOSE, JUDGE)

jg