The petitioner is stated to be staying at

Idukki and impugns the construction being

carried on by the 3^rd respondent on various

grounds, including that the building permit has

been obtained by the said respondent from

respondents 1 and 2-Local Self Government

Institution by adopting fraudulent and illegal

methods.

2.

The petitioner concedes that when he

had approached the Panchayath for revocation of

the building permit issued to the 3^rd respondent,

the same was rejected through Ext.P5 but that he

has now challenged the said order before the

Tribunal for Local Self Government Institutions,

Thiruvananthapuram by filing a Statutory Appeal,

numbered as Appeal No.416/2019. He says that the

Tribunal, without considering the facts in its

proper perspective, issued Ext.P10 order

allowing the 3^rd

respondent to continue

construction on the strength of the impugned

permit, with a consequential direction to the

Grama Panchayath to ensure that the conditions

WP(C).No.17198 OF 2019 3

therein are not violated in any manner.

3.

The petitioner asserts that by issuing

Ext.P10, the Tribunal has unwittingly allowed

the 3^rd respondent to complete the illegal

construction and has thus perpetuated an

illegality. The petitioner, therefore, prays

that Ext.P10 be set aside.

4.

In response to the afore submissions

made on behalf of the petitioner by his learned

counsel Shri.Ziyad Rahman, the learned counsel

appearing for the 3^rd respondent-Shri.Mathew

John, submitted that, contrary to the

allegations of the petitioner, construction of

the building in question is now complete and

that only its numbering by the Panchayath is now

left to be done. He says, in fact, the

Panchayath was willing to allot number to the

building, but that in the meanwhile this Court

had, by order dated 10/07/2019, directed that

numbering of the building shall be deferred for

the time being. He prays, therefore, that since

the Statutory Appeal is still pending before the

Tribunal, this Court may not interdict Ext.P10,

WP(C).No.17198 OF 2019 4

which has been issued by the said Tribunal in

exercise of its discretionary powers and

therefore, that the interim order granted by

this Court be vacated and this writ petition be

dismissed.

5.

The learned Standing Counsel appearing

for the 1^st

respondent-Pallivasal Grama

Panchayath-Shri.Jaju Babu, submits that they are

willing to abide by any directions to be issued

by this Court or by the Tribunal and that on

account of the interim order afore mentioned,

the building of the petitioner is yet to be

numbered. He says that the Panchayath has

already entered appearance before the Tribunal

and that they have also completed their

pleadings.

6.

When I consider the afore submissions,

it appears virtually admitted that construction

being carried out by the 3^rd respondent is now

complete and that only its numbering is left. If

that be so, I fail to understand why this writ

petition should be kept pending on the files of

this Court because the Statutory Appeal, namely

WP(C).No.17198 OF 2019 5

Appeal No.416 of 2019, is conceded to be still

pending before the Tribunal. Obviously,

therefore, it is only proper and prudent to

allow the Tribunal to consider the said Appeal

and dispose it of in terms of law, at the

earliest possible point of time, so that the

dialectical interests of the parties can be

sufficiently balanced.

7.

That said, since the construction is

now complete and only its numbering is left, I

deem it appropriate to modify the interim order

granted by this Court and allow the Pallivasal

Grama Panchayath to provide a number to the said

building, however, provisionally and subject to

further orders to be issued by the Tribunal in

Appeal No.416 of 2019, with a specific condition

that in the event of the litigation ending to

the detriment of the 3^rd respondent, numbering of

the building or completion of its construction

will not