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Judgment
P.V.Kunhikrishnan, J
This writ petition is filed with following prayers:
i. To issue a Writ of mandamus or any other appropriate writ order of direction, directing the 3rd respondent to set aside Exhibit P2 & P4 orders by giving an opportunity to the petitioner to present the case.
ii. To issue a writ of mandamus or any other appropriate writ order of direction, directing the 2nd respondent to heard the Appeal No. 571/2016 on the files of the 2nd respondent by giving an opportunity to the petitioner to present the appeal and to dispose afresh by considering merits of the appeal.
iii. To issue such other reliefs to the petitioner as this Hon'ble Court may deem fit and proper in the circumstances of the case. (SIC)
Petitioner is aggrieved by Ext.P2 order by which the 3rd respondent directed the petitioner to remove the unauthorised construction. The petitioner challenged Ext.P2 before the Tribunal for Local Self Government Institutions, Thiruvananthapuram by filing Ext.P3 appeal. The grievance of the petitioner is that, the Tribunal, without giving an opportunity of hearing to the petitioner, dismissed the appeal as per Ext.P5 order. Hence this writ petition.
Heard the learned counsel for the petitioner and the learned Standing Counsel for the 3rd respondent. I also heard the learned Government Pleader appearing for the 1st respondent.
I perused Ext.P5 order. In Ext.P5 it is stated that the petitioner - appellant is continuously absent whenever the appeal is posted for hearing. The learned counsel for the petitioner submitted that the petitioner was not able to appear because of some unavoidable circumstances and he is ready to appear before the Tribunal on any day fixed by this Court.
Considering the facts and circumstances, I think there can be a direction to the Tribunal to reconsider the appeal, after giving an opportunity of hearing to the petitioner and the 3rd respondent. There can be a time limit also for disposing the appeal which is of the year 2016. The interim order already passed by this Court can be directed to continue till orders are passed by the Tribunal.
Therefore, this writ petition is allowed in the following manner:
Ext.P5 order is set aside.
The 2nd respondent is directed to reconsider and pass appropriate orders in Appeal No.571/2016 in accordance to law, as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment.
The petitioner will appear in person or through counsel before the Tribunal for Local Self Government Institutions on 13.06.2022.
Till final orders are passed in the appeal, all further proceedings consequent to Ext.P4 will be kept in abeyance by the 3rd respondent.
The petitioner will produce a copy of this judgment along with a copy of the writ petition before the Tribunal for compliance.