IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 2ND JUNE 2009 / 12TH JYAISHTA 1931 WP(C).No. 40058 of 2003(R) -------------------------------------- PETITIONER(S): ---------------------- I.K. MOHAMMED, ITHIKKATTU VEEDU, SHAMEER MANZIL, KADAPPURAM P.O., CHAVAKKAD. BY ADV. MR.V.G.ARUN RESPONDENT(S): ------------------------- 1. STATE OF KERALA,REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT (M) DEPARTMENT, TRIVANDRUM. 2. THE KADAPPURAM GRAMA PANCHAYAT, KADAPPURAM P.O., CHAVAKKAD, REPRESENTED BY ITS SECRETARY. 3. P.K.ABDUSAMAD SHAH, SON OF MUHAMMED HAJI, PANDARATHIL KARUTHA, KADAPPURAM P.O., CHAVAKKAD, TRICHUR. R1 BY GOVERNMENT PLEADER MR.MATHEW VADAKKEL R3 BY ADV. MR.GEORGEKUTTY MATHEW R2 BY ADV. MR.P.K.IBRAHIM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 40058/2003-R APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT PANCHAYATH DATED 23/10/2001 NO.B2.375/2001. EXT.P2: COPY OF THE ORDER NO.GO.RT.4361/2003/LSGD DATED 05/12/2003 OF THE GOVERNMENT. EXT.P3: COPY OF THE NOTICE NO.B2-375/2001 DATED 15/12/2003. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE Rs/ THOTTATHIL B RADHAKRISHNAN, J ........................................... WP(C).NO. 40058 OF 2003 ............................................ DATED THIS THE 2nd DAY OF JUNE, 2009 JUDGMENT The petitioner put up a building. Ultimately, it was found that if at all there is any violation, the sunshade projects to 1.04 metres. According to the petitioner, this is not a violation going by the second proviso to Section 220(b) of the Panchayat Raj Act. He also seeks regularisation by the panchayat, if permissible. It is therefore clarified that Ext.P2 will not stand in the way of panchayat taking a decision on any request of the petitioner to regularise the construction of sunshade as noted above. It is directed that if the petitioner moves the panchayat for such regularisation, within a period of two months from the date of receipt of a copy of this judgment, that will be considered and orders passed. Pending that, demolition of such portion will continue to stand stayed following the earlier interim orders. Writ petition ordered accordingly. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/3/6