IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 22ND SEPTEMBER 2010 / 31ST BHADRA 1932 WP(C).No. 28853 of 2010(F) -------------------------- PETITIONER(S): --------------- JOHN THANKAPPAN,KATTUR KALIKKAL HOUSE, KATTANAM,MAVELIKKARA TALUK,ALAPPUZHA DISTRICT, PIN-690503. BY ADV. SRI.JACOB CHACKO RESPONDENT(S): --------------- THE SECRETARY,BHARANICAVU GRAMA PANCHAYATH,PALLICKAL.P.O,ALAPPUZHA DISTRICT, PIN-690 503. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ------------------------------- W.P.(C) No. 28853 of 2010 ------------------------------- Dated this the 22nd day of September, 2010 J U D G M E N T The petitioner, a non resident Indian, who owns a parcel of land within the local limits of Bharanikavu Grama Panchayat has filed this writ petition seeking the intervention of this Court to commence and complete the construction of a compound wall on the eastern boundary of his lands. It is evident from the pleadings that till date the petitioner has not obtained the permission of the local authority to put up a compound wall. On coming to know that without obtaining such a permit the petitioner has commenced the construction of a compound wall on the eastern boundary of his lands, the Secretary of the local authority issued Ext.P3 letter dated 27.12.2008 calling upon the petitioner to await the issuance of a permit before proceeding with the construction. The petitioner challenges Ext.P3 on the ground that the permission of the local authority is not required for constructing the compound wall. 2. Relying on Section 220 of the Kerala Panchayat Raj Act, 1994, it is contended that what is prohibited is only construction in or over public roads or within three meters from the boundary of W.P.(C) No.28853 of 2010 2 the land abutting the public road. It is contended that as the eastern boundary is a canal, section 220 of the Kerala Panchayat Raj Act, 1994 does not apply. I am afraid, the stand taken by the petitioner is misconceived. By virtue of a notification issued on 6.6.2007, in exercise of the powers conferred on the State Government under Section 274 of the Kerala Panchayat Raj Act, 1994, the provisions contained in Kerala Municipality Buildings Rules, 1999 have been extended to all Grama Panchayats within the State of Kerala. Under the provisions of the Kerala Municipality Buildings Rules, 1999, even to put up a compound wall, whether it be by the side of a road or a canal, a building permit is necessary. The petitioner does not possess such a permit. Section 220 which is relied on by the petitioner does not dispense with the necessity to obtain a building permit for putting up a compound wall. In such circumstances, the stand taken by the respondent cannot be said to be illegal. I, therefore, find no grounds to entertain the writ petition. The writ petition fails and is accordingly dismissed in limne. P.N.RAVINDRAN, Judge. nj.