This writ petition has been filed challenging Ext.P4 order passed by the Tribunal for Local Self Government Institutions in Ext.P3 appeal filed by the 2nd respondent herein. As per Ext.P4, the delay in filing the appeal was condoned. The contention of the petitioner is that Ext.P3 appeal is in fact, barred by limitation and therefore, the Tribunal should not have condoned the delay in filing the appeal in terms of the provisions under Section 276(6) of the Kerala Panchayat Raj Act, 1994 read with rule 8(3) of the Rules, 1999. It is evident that the said appeal is still pending. If ultimately the order in the appeal is adverse to the petitioner he can be permitted to take up challenge against that order by raising all the contentions including the one based on the question of limitation as well. I am of the view that reserving such right this petition can be disposed of permitting the petitioner to resist the appeal filed by the second respondent against Ext.P1 building permit granted in favour of the petitioner. Considering the circumstances involved in this case I am of the view that a further direction can also be issued to the Tribunal to expedite the consideration of Appeal WP(C).No.12773/2014 2 No.1181 of 2013. In view of the nature of the order I propose to pass in this writ petition as indicated above, I do not think it necessary to issue notice to the respondents in this proceedings. In the said circumstances, reserving the right to the petitioner to take up the question of limitation in case the decision in Ext.P3 appeal is adverse to the petitioner along with other contentions this writ petition is disposed of with a further direction to the Tribunal to consider Appeal No.1181 of 2013 as expeditiously as possible, at any rate, within a period of three months from the date of production of a copy of this judgment.
Sd/-
C.T.RAVIKUMAR Judge TKS