T.N.Somarajan Nair vs Vadasserikkara Grama Panchayat on 20 November, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 34265 of 2008(D)


1. T.N.SOMARAJAN NAIR, S/O.NARAYANAN NAIR,
                      ...  Petitioner

                        Vs



1. VADASSERIKKARA GRAMA PANCHAYAT,
                       ...       Respondent

2. THE TRIBUNAL FOR LOCAL SELF GOVT.

                For Petitioner  :SRI.BIJU ABRAHAM

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :20/11/2008

 O R D E R
                          S.SIRI JAGAN, J.

                    ==================

                    W.P(C).No.34265 of 2008

                    ==================

           Dated this the 20th day of November, 2008

                          J U D G M E N T

The petitioner’s application for condonation of delay in filing

an appeal before the Tribunal for Local Self Government

Institutions has been dismissed by Ext.P4 order on the ground

that the delay is 123 days. The petitioner is challenging that

order in this writ petition. As per the rules applicable, the

Tribunal has power to condone delay of only upto 30 days.

Admittedly the delay in this case is 123 days. Therefore, the

Tribunal has no jurisdiction to condone that delay. It has been

held so by this Court in Court in Thomas Thomas v. Kottayam

Municipality [2008 (3) KLT 964]. In view of the above decision,

the challenge against Ext.P4 is unsustainable. Accordingly, the

writ petition is dismissed.

Sd/-

sdk+                                        S.SIRI JAGAN, JUDGE

            ///True copy///




                            P.A. to Judge

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