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2015 Supreme(Ker) 480

DAMA SESHADRI NAIDU
K. N. THANKAPPAN, KAZHAKKUKANDATHIL HOUSE, KIZHATHIRI (P. O), KOTTAYAM DISTRICT – Appellant
Versus
TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI. GEORGEKUTTY MATHEW.
For the Respondent: SRI. P. VISWANATHAN, SRI. SUNIL N. SHENOI, SRI. BIBIN KUMAR, SMT. NIMITHA SALIM, SRI. P.C. HARIDAS, SRI. JUSTIN JACOB, GOVERNMENT PLEADER.

JUDGMENT

I. Prelude:

This writ petition presents for consideration a pure question of law: Whether the Tribunal for Local Self-Government Institutions, a statutory adjudicatory body, can condone the delay in the presentation of appeal either in terms of Section 5 or Section 14 of the Limitation Act, especially in the face of the limitation imposed in Rule 8 of the Tribunal for the Kerala Local Self-Government Institutions Rules?

II. Facts in Brief:

2. To resolve this issue, bare minimum facts are required. Thus, shorn of extraneous particulars, the factual setting is that the second respondent submitted to the third respondent Grama Panchayat an application for permit or licence to establish a granite quarry. With the rejection of the said application on 14.03.2014, the second respondent initially laid challenge before this Court in W.P. (C) No. 8123 of 2014, which, this Court dismissed through Ext.P2 judgment, dated 28.05.2014; nevertheless by preserving his right to impugn the decision of the Grama Panchayat before statutory appellate authority.

3. On 10.07.2014 the second respondent filed Ext.P1 statutory appeal (Appeal No.798 of 2014) before the first respondent Tribunal. Along with
















































































































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