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Reliance Jio Infocomm Ltd.Chandrika Chambers

High Court Of Kerala|21 October, 2014
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JUDGMENT / ORDER

Thottathil B. Radhakrishnan, J.
We have heard the learned counsel for the appellant/writ petitioner. Learned single Judge has refused to exercise jurisdiction on the ground that the relief sought for in the writ petition is inordinately delayed. The writ petitioner wanted to challenge an order by which the building permit was rejected by the Panchayat Secretary on the ground that the Panchayat Committee had resolved not to grant any such permits within that Panchayat. There is a statutory remedy available by way of appeal against the decision of the Panchayat Secretary. Even if that decision was to be challenged on ground of inherent lack of jurisdiction, the writ petitioner ought to have moved the writ court within a reasonable time. The learned single Judge was not persuaded to treat the writ petition as within time. It has been recorded in the impugned judgment that there is absolutely no explanation for the inordinate delay of nearly an year. We are of the view that the discretionary remedy having been refused by the learned single Judge on ground of delay, it would be inappropriate for us to interfere with that in an intra-court appeal under Section 5 of the Kerala High Court Act. The writ appeal, therefore, fails.
In the result, this writ appeal is dismissed.
Sd/-
THOTTATHIL B. RADHAKRISHNAN JUDGE ks.
Sd/-
BABU MATHEW P. JOSEPH JUDGE True copy P.S.To Judge
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Title

Reliance Jio Infocomm Ltd.Chandrika Chambers

Court

High Court Of Kerala

JudgmentDate
21 October, 2014
Judges
  • Thottathil B Radhakrishnan
  • Babu Mathew P Joseph
Advocates
  • Sri Lal K Joseph
  • Sri
  • V S Shiraz Bava
  • Sri Joseph Kurian
  • Vallamattam