The Tribunal for Local Self Government Institutions, Thiruvananthapuram, frequently disposes of appeals filed against demolition orders not on merits, but by setting aside the Secretary’s order on purely technical or procedural grounds, such as absence of a provisional order or notice under Section 235W(1)/(2) of the Kerala Panchayat Raj Act, 1994, or the corresponding Section 406(1)/(2) of the Kerala Municipality Act, 1994) and remanding the matter for fresh consideration.
In such cases, the original complainant or affected third party — whose rights are directly affected by the illegal structure but who is not the appellant before the Tribunal — has limited but real legal options to prevent the Secretary from using the remand to prolong the process indefinitely.
Step 1: Submit a Formal Written Demand and Reminder to the Secretary
On receipt of the remand order, file a formal representation before the Secretary, enclosing a copy of the Tribunal’s order. State that, as the original complainant whose rights are directly affected by the unauthorised structure, you require the local authority to comply with the Tribunal’s directions without delay, and remind the Secretary that the time limit fixed by the Tribunal (e.g., 30 days) has already commenced.
Deliver this representation by hand, obtaining a dated acknowledgement, or send it by Registered Post with Acknowledgement Due. If the Secretary delays thereafter, this representation and its proof of delivery serve as documentary evidence of unexplained inaction, which can be relied upon before a higher forum.
Step 2: File a Representation Before the Higher Administrative Authority
If the Secretary appears to be favouring the unauthorised builder, file an urgent representation before the officer exercising administrative and supervisory control over the Secretary — the Deputy Director of Panchayats for a Grama Panchayat, or the Director of Urban Affairs / Regional Joint Director, Urban Affairs for a Municipality or Corporation.
State clearly, with supporting facts, that the Secretary is delaying execution of the Tribunal’s remand order without justification.
Step 3: Invoke the Government’s Overriding Power to Order Demolition
- For Panchayat areas: Section 235W (5) of the Kerala Panchayat Raj Act, 1994 empowers the State Government, on being satisfied that a construction violates the Act, the rules made under it, or a lawful direction, to direct the Secretary to demolish the unauthorised construction. If the Secretary fails to comply within the time fixed, the Government may itself arrange the demolition and recover the cost from the Village/Grama Panchayat.
- For Municipal areas: Section 406(5) of the Kerala Municipality Act, 1994 contains a materially identical provision, empowering the Government to direct the Secretary of the Municipality to demolish the construction, and, on default, to arrange the demolition itself and recover the cost from the Municipality.
A representation invoking this overriding power, on the specific ground of inaction or collusion at the local level, may be addressed directly to the Local Self Government Department (LSGD) at the State Secretariat.
Step 4: File a Writ Petition Before the Kerala High Court
If the Secretary remains inactive even after the remand and after representations under Steps 1 to 3, the strongest available remedy is a writ petition before the Kerala High Court under Article 226 of the Constitution of India, seeking a writ of mandamus directing the Secretary to pass a fresh, reasoned order within a strict, court-fixed timeframe (e.g., two weeks).
Where there is credible material suggesting the Secretary’s complicity or bias, the Court may also be requested to direct that the physical inspection and measurement be carried out by the Assistant Executive Engineer of the LSGD Engineering Wing, or by an independent court-appointed Commissioner, rather than by the Secretary — thereby taking the fact-finding process out of the Secretary’s hands.
Step 5: File a Complaint Before the Ombudsman for Local Self Government Institutions
A formal complaint may be lodged before the Ombudsman for Local Self Government Institutions, constituted under Chapter XXVB (Section 271A onward) of the Kerala Panchayat Raj Act, 1994, alleging maladministration and dereliction of duty by the Secretary.
The Ombudsman has the power, under Section 271K, to summon the Secretary, call for and examine records, and, on finding that the Secretary deliberately drafted a defective order to hand the builder repeated grounds of appeal, to recommend appropriate disciplinary or penal action.
It is advisable to check whether the office remains vacant or not as of now, before taking this course of action.
Conclusion
These are five remedies available to a complainant or third-party victim of unauthorised construction when the Tribunal for Local Self Government Institutions confines itself to setting aside the demolition order on procedural grounds and remanding the matter, without addressing the substance of the complaint.
