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2014 Supreme(Ker) 880

IN THE HIGH COURT OF KERALA
T.B. Radhakrishnan, Babu Mathew P. Joseph, JJ.
Jyothi Abraham - Petitioner
Versus
State of Kerala and others - Respondents
W.P. (C) No. 17152 of 2014
Decided On : 07-10-2014

Subject

Administrative Law - Local Government

Act Referred

KERALA MUNICIPALITIES ACT : .
KERALA PANCHAYAT RAJ ACT : .

Headnote

Kerala Panchayat Raj Act, 1994, Sections 271 and 276 - Kerala Municipalities Act, 1994, Section 509 - Constitution of India, 1950 Article 226 Writ petition - direction issued for provide all necessary facilities for camp sitting of Tribunal for Local Self Government Institution at Ernakulam and Kozhikode by the State Government.

       FACTS OF THE CASE

       Petitioner highlighting need to establish the tribunal for local self government in all districts.

       FINDINGS

       Petition allowed.

       

Advocate Appeared:
For the Petitioner:Joseph Rony Jose and E.A. Jose, Advocates
For the Respondents: T. Vijayaraghavan, State Attorney

JUDGMENT :

T.B. Radhakrishnan, J.

These Writ Petitions are filed highlighting the need to establish the Tribunals for Local Self Government Institutions in all districts in conformity with the provisions of the Kerala Panchayat Raj Act, 1994 and the Kerala Municipalities Act, 1994.

2. The stand taken by the State Government is that as of now, it is not feasible to establish the Tribunals in all districts having regard to various factors, including lack of funds, infrastructure etc. It is, however, submitted that the State Government has accepted the suggestion of the Tribunal that it could hold sittings for the time being in Ernakulam and Kozhikode apart from its headquarters at Thiruvananthapuram. It is submitted by the State Attorney that appropriate place has been identified by the State Government for being utilised for the camp sittings as stated above.

3. Recording the aforesaid submission on behalf of the State Government, it is hereby directed that all necessary facilities for camp sittings in Ernakulam and Kozhikode shall be made available by the State Government for the Tribunal to hold sittings in those stations as well, within a period of two months from now without fail. The question whether the establishment of further camp sittings or constitution of further Tribunals is required is left open for the time being.

These Writ Petitions are ordered accordingly. Communicate a copy of this judgment to the Local Self Government Department.






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