The court recognizes the necessity to allow affected parties to participate in administrative appeals to uphold principles of natural justice.

JUDGMENT

This writ petition is filed with following prayers:

i. Issue a Writ in the nature of certiorari or such other Writ, order or direction calling for the records leading to Exhibit P5 and quash the same.

ii. Issue a Writ in the nature of prohibition or such other Writ, order or direction restraining the fourth respondent Tribunal from proceeding with Appeal No: 126 of 2022.

iii. Issue a Writ in the nature of mandamus or such other Writ, order or direction commanding the first and second respondents to enforce Exhibit P2 stop memo in letter and spirit untrammeled by Exhibit P5 order of the fourth respondent Tribunal.

iv. Issue such other Writ, order or direction as the facts and circumstances of the case may deem it proper.

(SIC)

2. The main challenge in this writ petition is against Ext.P5 order passed by the Tribunal for Local Self Government Institutions. It is the case of the petitioner that the petitioner is also an affected party and without impleading the petitioner, the appeal is filed before the Tribunal and an interim order is obtained. When this writ petition came up for consideration on 18.03.2022, this Court passed the following order:

“The petitioner challenges Ext.P5 order issued by the Tribunal for Local Self Government Institutions in an appeal filed by the 3rd respondent against a stop memo issued by the 1 st respondent Panchayat. Even though the appeal has been entertained by the Tribunal and the stop memo and impugned order which were Ext.A9 and Ext.A14 have been stayed, the Tribunal had further ordered that the appellant shall not make any construction or remove the soil against the permit granted. It is seen from the stop memo that the stop memo itself was issued on the premise that the 3rd respondent was conducting activity beyond the permit.

In above circumstances, I do not find any reason to issue an interim order in this writ petition. Since the contention of the petitioner is that the petitioner has not made a party in the appeal before the Tribunal, the writ petition is admitted This Writ petition is admitted.

Issue notice to the 3rd respondent by special messenger. Notice to the 4th respondent is dispensed with for the time being. Standing Counsel appears for respondents 1 and 2.”

3. Thereafter, on 24.03.2022, this Court passed the following order:

“See order dated 18.03.2022.

This Court had not granted an interim order as prayed for, for the reason that the order of the Tribunal specifically stated that the appellant before the Tribunal shall not make any construction or remove the soil against the permit granted. Even though notice was taken out on the 3rd respondent through special messenger, the same has not been served stating the reason that the 3rd respondent is out of station. The counsel for the petitioner submits that the 3rd respondent is an accused in a case and he is absconding and that is the reason why he could not be found at the time of notice.

In such circumstances, there will be an interim order staying the operation of Ext.P5 order of the 4th respondent Tribunal and all proceedings pursuant to it and directing the respondents 1 and 2 to enforce Ext.P2 stop memo.”

4. Now, operation of Ext.P5 order is stayed. In such facts and circumstances, the petitioner is free to file an impleading petition before the Tribunal for Local Self Government Institutions and the same will be entertained by the Tribunal and pass appropriate orders in it. Thereafter I.A.No.293/2022 will be heard after giving an opportunity of hearing to the petitioner also. For facilitating the Tribunal to pass fresh orders, Ext.P5 can be set aside.

Therefore, this writ petition is allowed in the following manner:

1. Ext.P5 is set aside.

2. The petitioner is free to file an impleading petition before the Tribunal for Local Self Government Institutions within one week from the date of receipt of a copy of this judgment and if such an application is received, the Tribunal will allow the same and implead the petitioner in the appeal