IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 27TH FEBRUARY 2009 / 8TH PHALGUNA 1930 WA.No. 367 of 2009() -------------------- AGAINST THE JUDGEMENTIN WPC.19140/2008 Dated 19/11/2008 .................... APPELLANT(S)/PETITIONER: ---------------------------------- SHIBU VARGHESE, S/O. KOCHUMMEN VARGHESE, KELAVILATHEKKATHIL, TRIPPILAZHIKOM.P.O, KAREEPRA VILLAGE, KOLLAM. BY MR.P.B.SURESH KUMAR, ADVOCATE MR.LEO GEORGE,ADVOCATE RESPONDENTS/RESPONDENTS: ------------------------------------- 1. KAREEPRA GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, KUZHIMATHIKADU, KOLLAM. 2. THE TOWN PLANNER, OFFICE OF THE TOWN PLANNER, KOLLAM. BY MR.MOHANLAL, ADVOCATE GOVERNMENT PLEADER SMT. MEERA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 27/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY, Ag.C.J & V.GIRI, J. ------------------------------- W.A.NO.367 OF 2009 () ----------------------------------- Dated this the 27th day of February, 2009 J U D G M E N T KOSHY,Ag.CJ. Heard both sides. Appellant/petitioner constructed a double storied building in the area under the jurisdiction of the Kareepra Grama Panchayat. It is stated that the construction was started much earlier and he completed the construction in the year 1997-98. Apprehending that there is violation of Section 220(b) of the Kerala Panchayat Raj Act, he made an application for regularising the same under the Kerala Building [Regularisation of Unauthorized Construction and Land Development] Rules, 1999 on 20.1.2000. It is his case that even though he was repeatedly asking for the progress of his application, he was not informed about the same. Finally he was informed by Annexure A1 dated 19.5.2001 that matter WA.367/2009 2 cannot be considered as a writ petition is pending challenging the validity of the rules. He was informed again in March 2006 that his application is defective as Rs.100/- to be paid along with the application was not paid. He paid the amount on 23.3.2006 immediately. By Ext.P4 communication dated 11.12.2007, appellant was informed that since he has not paid the fee, his application is rejected. If an application was defective, it is the duty of the Panchayat to inform the defects and give him an opportunity to cure the defects. Such a procedure was not followed by the Panchayat. Annexure A2 shows that as soon as the fee was paid, his application dated 19.7.2000 was processed by the Secretary (Special Officer). But it was rejected only because he did not pay the fees along with the application. The learned Single Judge rejected the application because of doubt. He was not able to pay the required fee because he was not informed of the defects earlier. On the moment he was informed of the defects he cured the same. In any event, order rejecting the application was issued only in December 2007. Within a reasonable time, he approached this Court. In these circumstances, since fee WA.367/2009 3 was paid, Panchayat has to consider the application on merits and Panchayat may consider the application as expeditiously as possible and in any event within a period of three months from the date of receipt of a copy of this judgment in accordance with law with notice to the appellant/petitioner. We are not expressing any opinion regarding the merits of the matter. With the above observations, this appeal is disposed of. J.B.KOSHY ACTING CHIEF JUSTICE V.GIRI JUDGE prp J.B.KOSHY & THOMAS P. JOSEPH, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 6th November, 2008