A.K Jayasankaran Nambiar, J.:— The petitioners, being aggrieved by an order passed by the Municipality directing the stoppage of construction and demolishing of a part of a building which had already been constructed, approached the Tribunal for Local Self Government Institution through Appeal No. 181 of 2015. It is stated that in the said appeal, Ext.P3 order was passed by the Tribunal granting a stay of operation of the impugned order pending disposal of the appeal. Thereafter, the appeal itself was dismissed for default. The petitioner, however, immediately filed an application for restoration, and the restoration application is stated to be posted for hearing before the Tribunal on 31.01.2017 In the writ petition, the apprehension of the petitioner is that the respondent Municipality may take steps to enforce the order impugned in the appeal before the Tribunal for Local Self Government Institution, during the interregnum.
2. I have heard the learned counsel appearing for the petitioners and the learned Standing counsel for the respondents.
3. On a consideration of the facts and circumstances of the case and the submissions made across the bar, and considering that the restoration application preferred by the petitioner before the Tribunal for Local Self Government Institution is posted for hearing on 31.01.2017, I dispose the writ petition with a direction to the Tribunal for Local Self Government Institution to consider and pass orders on the restoration application on 31.01.2017 Itself. There will be a further direction to the respondent Municipality not to initiate any coercive steps pursuant to the order impugned in the appeal before the Tribunal for Local Self Government Institutions in the meanwhile. The petitioner shall produce a copy of this judgement, together with a copy of the writ petition before the Tribunal for Local Self Government Institution for further action.
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