Varghese.C.Philipkutty vs Thiruvalla Municipality on 31 January, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 2924 of 2008(W)


1. VARGHESE.C.PHILIPKUTTY, S/O.VARGHESE,
                      ...  Petitioner

                        Vs



1. THIRUVALLA MUNICIPALITY, REPRESENTED
                       ...       Respondent

2. SHAHABANATH, W/O.ABDUL HAMEED,

                For Petitioner  :SRI.G.SUDHEER

                For Respondent  : No Appearance

The Hon'ble MR. Justice PIUS C.KURIAKOSE

 Dated :31/01/2008

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

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

                          W.P.(C) NO. 2924 of 2008

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

              Dated this the   31st  day of  January , 2008


                                     JUDGMENT

Under challenge in this writ petition is Ext.P10 order of the

Tribunal for Local Self Government Institutions, under which the

Tribunal has rejected an appeal preferred by the petitioner on the

ground of limitation. The statutory provisions will show that the

Tribunal for Local Self Government Institutions has no power to

condone the delay caused in the matter of filing the petition or appeal

beyond the period of 30 + 30 days. Issue is covered against the

petitioner by the judgment of this court in Samrat Exports &

Importers v. Commr. Of Customs & Central Excise (Appeals)

( 2005 (4) KLT 828). Since the power to condone the delay is not

statutorily conferred, the Tribunal cannot be faulted for having refused

to entertain the appeal.

I do not find any infirmity about Ext.P10 warranting correction by

this court under Article 226 of the Constitution of India. Challenge

against Ext.P10 fails and the Writ Petition will stand dismissed.

PIUS C. KURIAKOSE,

JUDGE.

dpk