V.N.Public Health And … vs The State Of Kerala Represented By … on 6 February, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 271 of 2009()


1. V.N.PUBLIC HEALTH AND EDUCATIONAL TRUST,
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA REPRESENTED BY THE
                       ...       Respondent

2. THE DIRECTOR OF PANCHAYAT,

3. THE PUDUSSERRY GRAMA PANCHAYAT,

                For Petitioner  :SRI.S.RADHAKRISHNAN

                For Respondent  : No Appearance

The Hon'ble the Acting Chief Justice MR.J.B.KOSHY
The Hon'ble MR. Justice P.BHAVADASAN

 Dated :06/02/2009

 O R D E R
               J.B.KOSHY, Ag.C.J. & P.BHAVADASAN, J.
                       --------------------------------------
                          W.A.No.271 of 2009
                       -------------------------------------
                       Dated 6th February, 2009

                                JUDGMENT

Koshy, Ag.C.J.

Appellant/petitioner is a Trust which aspires to start a self

financing college at Palakkad. After obtaining No Objection

Certificate from the Panchayat, they started construction of a

building, but, thereafter an order was passed by the Panchayat under

section 235 of the Kerala Panchayat Raj Act to stop the construction.

Petitioner filed W.P.(C)No.37571/2008 in which the petitioner was

relegated to the appellate remedy. That judgment has become final.

Petitioner filed an appeal under Section 276(4) of the Panchayat Raj

Act before the Tribunal along with a delay condonation petition. The

Tribunal dismissed the delay condonation petition as the delay was

beyond the condonable limit prescribed in the Kerala Panchayat Raj

Act and Rules. If statute prescribes a maximum time limit for filing

appeal and maximum period for condoning delay, beyond that no

statutory authority can entertain such delay condonation petition and

appeal. Since the order was pronounced correctly, the learned Judge

refused to interfere with the same. We see no ground to interfere

with the same in an intra-court appeal. But, if any additional

W.A.271/2009 2

materials are available, petitioner is free to approach the Panchayat

again for permission to start the construction of the building and

Panchayat shall issue notice to the petitioner and all objectors and

reconsider the matter untrammelled by the earlier observations.

The appeal is disposed of accordingly.

J.B.KOSHY
ACTING CHIEF JUSTICE

P.BHAVADASAN
JUDGE

tks