"C.R."

1. Notice to second respondent dispensed with, preserving his right to move for rehearing of this writ petition, if aggrieved. Heard learned counsel for the petitioners and for the first respondent Corporation.

2. Petitioners and second respondent are neighbours. The Corporation initiated certain proceedings against the petitioners, referable to a stair case constructed by them. Proceedings were initiated against the second respondent regarding a car porch constructed by him. The Tribunal for Local Self Government Institutions set aside both those proceedings as per Ext.P2 and P3 orders with direction to finalise the matter by initiating fresh proceedings. Petitioners complain that nothing has followed Exts.P2 and P3 issued in January, 2009. They accordingly seek directions.

3. In its essence, on the plea that the Tribunal's verdict is not being given effect to, intervention in exercise of constitutional power of this Court is applied for, to effectuate the direction of a statutory Tribunal. Is it necessary that such orders are issued by this court? Is there any alternate efficacious remedy for the citizen? Is the citizen to be compelled to move the High Court under Article 226 of the Constitution on the affirmation that he has no alternate efficacious remedy for redressal of the grievance in relation to the refusal, delay or inaction on the part of an LSGI or its officials including the secretary to it in terms of the decisions of the Tribunal?

4. Tribunal for LSGIs is constituted under Section 271 S of the Kerala Panchayat Raj Act, 1994, for short, the 'PR Act'. A Tribunal shall consist of a judicial officer having the rank of a District judge. It deals with appeals and revisions under Section 276 of that Act and Section 509 of the Municipality Act. Section 271 U of the PR Act provides the Government, the rule making power to prescribe the different matters enumerated under the different clauses of that section, including the effect of the orders of the Tribunals and any other matter which the Government may consider necessary to prescribe. Exercising that power, the Government of Kerala made the Tribunal for Local Self Government Institutions Rules, 1999, the 'Tribunal Rules', for short. Rule 8 of those Rules provides for submission of appeal or revision against a notice, order or proceeding in respect of any matter specified in the Schedule to those rules. A survey of the Schedule would show that the matters that could reach the Tribunal against the decision of the Local Self Government Institution or its Secretary are multifarious. They are not confined to the private interests of citizens. The twenty four enumerated matters in the schedule show that the Tribunal is vested with immense jurisdiction of wide sweep touching different matters for which a Local Self Government Institution is conceived under the Constitution.

5. Rule 21(1) of the Tribunal Rules provides the consequence and effect of the order of the Tribunal. The notice or order issued, or action taken by the LSGI or its Secretary, as the case may be, shall stand as such or be modified or annulled in accordance with the final order of the Tribunal, from the date of issuance of such final order. Rule 25 of those Rules provides that in matters which are not provided for in those Rules, the PR Act and the Municipality Act, the Tribunal shall have the power to regulate the procedure in connection with the disposal of a petition in the manner it thinks proper. Coupled with this, is the fact that the Tribunal is vested with the powers of a judicial authority for trial and disposal of matters coming up before it. To insulate the judicial authority presiding the Tribunal, the proceedings in the Tribunal are deemed to be judicial proceedings within the meaning of Sections 193 and 228 of Indian Penal Code in terms of Section 271 S (4) of the PR Act. Sub-section (3) of Section 271 S of the PR Act provides that the Tribunal shall have the same powers as a