1 OPC 2837/23 2025:KER:25594 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI TUESDAY, THE 25TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947 OP(C) NO. 2837 OF 2023 UNNUMBERED APPEAL OF 2022 (CF NO.7052 OF 2022) OF TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM PETITIONER/S: N. RAMAN NAIR, AGED 70 YEARS RESIDING AT SREEKRIPA, KOCHOTTUKONAM, MARYAPURAM P.O., CHENKAL VILLAGE, NEYYATTINKARA TALUK, PIN - 695522 BY ADVS. VADAKARA V.V.N.MENON N.S.GOPAKUMAR S.MOHANA KUMARAN NAIR MUHAMED ABDUL KADER A.S. RESPONDENT/S: 1 A.K. RAJESH, AGED 48 YEARS S/O. ANANTHAKRISHANAN NAIR, A RESIDING AT MELATHINVILA, A.K. BHAVAN, ARAYOOR, CHENKAL, MARYAPURAM P.O., NEYYATTINKARA TALUK, PIN - 695522 2 THE SECRETARY, CHENKAL GRAMA PANCHAYAT, UDIYANKULANGARA, AMARAVILA P.O., NEYYATTINKARA TALUK., PIN - 695122 BY ADVS. VISHNU BHUVANENDRAN J.SURYA ADHARSH SREEKUMAR(K/001023/2017) SREEKUMAR C.(K/334/1987) B.ANUSREE(K/000951/2016) ABHILASH C.V.(K/003168/2023) VARUN JACOB(K/003405/2023) THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 25.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 OPC 2837/23 2025:KER:25594 JUDGMENT (Dated this 25th day of March 2025) The petitioner submitted a complaint before the 2nd respondent as Ext.P1. On receipt of the complaint, the 2nd respondent deputed a II Grade Overseer of LSGD to verify the allegations in the complaint. After inspection, Ext.P3 report was filed by the overseer. Acting on the same, Ext.P4 show cause notice dated 17.6.2022 was issued to the 1st respondent. Thereafter, on 9.12.2022, another notice was also issued, calling for objection within 3 days, pointing out that an unauthorised construction had been effected by the 1st respondent, which was reported by the overseer after inspection. The 1st respondent thereafter approached the Local Self Government Institution by filing an Ext.P5(a) appeal against the notice dated 9.12.2022 without making the petitioner, a party. The Tribunal, by Ext.P9 order in unnumbered Appeal of 2022, held that the appeal is not maintainable before the Tribunal and dismissed the same as follows: 3 OPC 2837/23 2025:KER:25594 “In the result, the unnumbered appeal is found to be not maintainable before this Tribunal, and the same is dismissed. However, the respondent is directed to give the opportunity of hearing to the appellant after issuing a show cause notice and comply with all procedural formalities u/S.235W (1) & (2) before passing the final order u/S.235W (3). No coercive steps shall be taken (on the basís of notice No.A1-7661/2021 dated 09/12/2022) against the appellant till a final order for demolishing construction is passed by the respondent.” Aggrieved by the last part of the order, the petitioner filed a Review Petition as Ext.P6, before the Tribunal for Local Self-Government Institutions, Thiruvananthapuram. The 1st respondent filed an objection to the said R.P. The Tribunal, by Ext.P10 order, dismissed the Review. It was held that the review petitioner could raise his contentions before the secretary in the proceedings pending before the Panchayath. Aggrieved by Ext.Nos.P9 and P10 order, this O.P.(C) is filed. 2. The counsel for the 1st respondent submitted that after Ext.P9 order was passed, the 2nd respondent issued notice to the petitioner and the 1st respondent. Subsequently, a hearing was conducted, but 4 OPC 2837/23 2025:KER:25594 the petitioner did not participate. An order was passed holding that there was no violation, and therefore, the Original Petition has become infructuous. 3. The counsel for the respondents submitted that the notice issued to the petitioner was not accepted by him. Therefore, after hearing the 1st respondent, an order was passed finding that there is no unauthorised construction. The respondents have not produced any order passed pursuant to the order in Ext.P9. 4. The question to be considered is whether the Tribunal has the power to issue directions and to direct that no coercive steps shall be taken against the appellant/1st respondent herein when the appeal filed by him is not maintainable and consequently dismissed. 5. The Tribunal is vested with powers to entertain an appeal under Section Rule 276 of Kerala Panchayath Raj Act, 1994, read with Rule 8 of the Tribunal for Local Self Government Institutions Rules, 1999, as against the orders of Secretary or Panchayath. When the Tribunal enters into a finding that the appeal is not maintainable 5 OPC 2837/23 2025:KER:25594 and dismissed the same, the Tribunal cannot pass any further orders like direction or a stay. 6. In Ext.P9 order, after holding that it is not maintainable, the Tribunal exceeded its jurisdiction and passed orders staying the coercive proceedings against the appellant, which is impermissible in law. Therefore, Ext.P9 cannot be sustained in law, so the same is set aside. When Ext.P9 order is set aside, the consequent order in Ext.P10 (Review Petition), is also not permissible to stand and therefore, the Ext.P10 is also set aside. In the result, this O.P.(C) stands allowed. Sd/- BASANT BALAJI JUDGE dl/ 6 OPC 2837/23 2025:KER:25594 APPENDIX OF OP(C) 2837/2023 PETITIONER EXHIBITS Exhibit P1 PHOTOCOPY OF THE COMPLAINT DATED 20.10.2021, SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P2 PHOTOCOPY OF THE RECEIPT OF EXHIBIT P1 DELIVERED ON 21/11/2021 WITH FILE NO 400265/PDCR02/GENERAL ADMINISTRATION /2021/7661 RECEIVED BY THE PETITIONER Exhibit P3 PHOTOCOPY OF THE REPORT DATED NIL SUBMITTED BY SRI CHANDRA KUMAR R. THE OVERSEER, LSGD TO THE 2ND RESPONDENT Exhibit P4 PHOTOCOPY OF NOTICE NO.A1/7661/2021 DATED 17.6.2022 ISSUED TO THE 1ST RESPONDENT BY THE 2ND RESPONDENT Exhibit P5 PHOTOCOPY OF THE NOTICE DATED 9.12.2022 ISSUED BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT. Exhibit P5(a) TRUE PHOTOCOPY OF THE CERTIFIED COPY OF THE UNNUMBERED APPEAL OF 2022 DATED 26/12/2022 IS PRODUCED BY THE PETITIONER Exhibit P6 PHOTOCOPY OF IA. NO. 612/2023 DATED 6.3.2023 FILED BY THE PETITIONER IN THE UNNUMBERED APPEAL OF 2022(C.F. NO. 7052/2022) Exhibit P6(a) PHOTOCOPY OF THE OBJECTION DATED 17.06.2023 FILED BY THE 2ND RESPONDENT AGAINST I.A. NO. 612/2023. Exhibit P6(b) PHOTOCOPY OF THE OBJECTION DATED 10.08.2023 J59-4 T FILED BY THE 1ST RESPONDENT AGAINST I.A. NO. 612/2023. Exhibit P7 PHOTOCOPY OF THE APPLICATION DATED 24.2.2023 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT UNDER THE RIGHT TO INFORMATION ACT. Exhibit P8 PHOTOCOPY OF RECEIPT OF EXHIBIT P7 WITH FILE NO 400265/GGR112/GENERAL ADMINISTRATION /2023/1087 WITH DATE OF DELAY 27-02-2023 RECEIVED BY THE PETITIONER FROM THE 2ND RESPONDENT 7 OPC 2837/23 2025:KER:25594 Exhibit P9 PHOTOCOPY OF THE ORDER DATED 30.12.2022 PASSED BY THE HON'BLE LOWER TRIBUNAL IN THE UNNUMBERED APPEAL OF 2022 FILED BY THE 1ST RESPONDENT. Exhibit P10 PHOTOCOPY OF THE ORDER DATED 18.11.2023 PASSED BY THE LOWER TRIBUNAL, DISMISSING I.A. NO. 612/2023 (REVIEW PETITION) IN THE UNNUMBERED APPEAL OF 2022.