IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 21ST OCTOBER 2009 / 29TH ASWINA 1931 WP(C).No. 4035 of 2009(E) ---------------------------------------- PETITIONER(S): ------------------------- PATHUMMAKUTTY,AGE 47 YEARS,W/O.MOIDEEN, THOZUTHINGAL HOUSE,AMBALAPARA, OTTAPALAM. BY ADV. DR.GEORGE ABRAHAM RESPONDENT(S): -------------------------- 1. AMBALAPARA GRAMA PANCHAYAT-REPRESENTED BY ITS SECRETARY, AMBALAPARA,OTTAPALAM-679512. 2. THE SECRETARY,AMBALAPARA GRAMA PANCHAYAT AMBALAPARA,OTTAPALAM-679512. 3. AMBALAPARA GRAMA PANCHAYAT COMMITTEE, REPRESENTED BY ITS PRESIDENT,AMBALAPARA, OTTAPALAM. 4. THE DEPUTY DIRECTOR OF PANCHAYATS- PALAKKAD, CIVIL STATION, PALAKKAD. 5. THE ASSISTANT ENGINEER, L.S.G.D, OTTAPALAM. R2 BY ADVS.MR.S.M.UNNIKRISHNAN, MR.U.BALAGANGADHARAN. R3 BY MR.PAULSON THOMAS R4 & R5 BY GOVT. PLEADER MR.V.MANU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.4035/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE TITLE DEED OF THE PETITIONER'S PROPERTY. P2:- COPY OF THE SITE PLAN SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT. P3:- COPY OF THE CERTIFICATE DTD. 12.12.2006 ISSUED BY THE VILLAGE OFFICER, AMBALAPARA TO THE PETITIONER. P4:- COPY OF THE PETITIONER'S BUILDINGS. P5:- COPY OF THE TAX RECEIPT DTD. 18.7.06 FOR THE TWO ROOMS OF THE PETITIONER'S BUILDINGS. P6:- COPY OF THE CONSENT LETTER IN STAMP PAPERS OF RS. 50/- GIVEN BY THE OWNER OF THE ADJACENT BUILDINGS. P7:- COPY OF THE CONSENT LETTER IN STAMP PAPERS OF RS. 50/- GIVEN BY THE OWNER OF THE OTHER ADJACENT BUILDINGS. P8:- COPY OF THE LETTER DTD. 1.7.08 ISSUED BY THE 2ND RESPONDENT REFUSING REGULARIZATION AND NUMBERING OF THE PETITIONER'S BUILDINGS. P9:- COPY OF THE REPRESENTATION DTD. 28.11.08 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT. P10:- COPY OF THE REPRESENTATION DTD. 20.1.09 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. P11:- COPY OF THE PLAN SUBMITTED BY THE PETITIONER BEFORE AMBALAPARA GRAMA PANCHAYAT. RESPONDENT'S EXHIBITS R2(a):- COPY OF THE APPLICATION FORM DTD. 18.12.07 SUBMITTED BY THE PETITIONER. R2(b):- COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER AMBALAPARA NO.2552/07 DTD. 18.12.07. R2(c);- COPY OF THE BASIC TAX RECEIPT NO.22/2000 DTD. 17.12.07. R2(d):- COPY OF THE CIRCULAR NO.24136(1) RA1/07/LSGD DTD. 25.7.07. R2(e):- COPY OF THE REPORT OF THE OVERSEER, LSGD, AMBALAPARA PANCHAYAT DTD. 1.1.08. TRUE COPY P.S. TO JUDGE tss THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.4035 of 2009-E = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 21st day of October, 2009. JUDGMENT Exhibit P8, an order issued by the Secretary of a Grama Panchayat refusing to regularise a building construction is under challenge. The statutory provisions stand to advise that the Tribunal for LSGIs was the appropriate authority to be moved. This position notwithstanding, the pleadings on either side show that the crux of the disputes relates to certain mixed questions of facts and law. While Ext.P8, on its face, discloses three reasons, the plea of the petitioner is that the construction commenced before the Kerala Municipality Building Rules were made applicable to the Panchayat. It is submitted that the said Rules apply from 6.6.2007. While the petitioner would contend that WPC4035/09 -: 2 :- the construction activity commenced before that date, the Panchayat disputes the petitioner's plea. But, the fact of the matter remains that the petitioner was not heard by the Secretary of the Panchayat, who is the statutory authority to decide on the issue and whose decision would, then, be amenable to the jurisdiction of the Tribunal for LSGIs. On this short ground, Ext.P8 is set aside and the petitioner is directed to appear before the Secretary of the Panchayat on the 4th of November, 2009 so that the Secretary can fix date for hearing and decide the matter in accordance with law. Let this be done within an outer limit of 45 days from the date of commencement of proceedings. The writ petition is ordered accordingly. THOTTATHIL B.RADHAKRISHNAN, JUDGE. Sha/241009