IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 2ND JUNE 2008 / 12TH JYAISHTA 1930 WP(C).No. 16329 of 2008(R) -------------------------- PETITIONER: -------------- THE ADAT GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY,ADAT PANCHAYAT OFFICE PURANATTUKARA P.O., THRISSUR DISTRICT-680 551. BY ADV. SRI.JIJO PAUL RESPONDENTS: ----------------- 1. THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, TRIVANDRUM. 2. K.V. SEBI, S/O. VARGHESE, KORATTY, THANGALOOR VILLAGE & DESOM, THRISSUR DISTRICT. 3. DEEPA SEBI, W/O. SEBI, KORATTY, THANGALOOR VILLAGE & DESOM, THRISSUR DISTRICT. BY GOVT.PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/06/2008, ALONG WITH WP(C) NOS.16340 & 16343/08, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NOs. 16329, 16340 & 16343 OF 2008 ============================= Dated this the 2nd day of June, 2008 J U D G M E N T These writ petitions have been filed by the Adat Grama Panchayat and the challenge is against Ext.P1, the appellate orders passed by the 1st respondent Tribunal in Appeal Nos. 523/07, 522/07 and 521/07. 2. The respective appellants had approached the Tribunal aggrieved by the orders passed by the Panchayat refusing building permit. Before the Tribunal, the Panchayat filed its written statement and produced the files. The Tribunal has found that the building permits were refused on two grounds that the land is sloping by 45o and that for that reason construction was prohibited by the Panchayat as per its decision No.139(5) dated 22/10/2007. 3. The Tribunal has examined the correctness of the contentions and found that the reason for the prohibition was the slop of the land by 45o as assumed by the Panchayat. Proceeding further, Tribunal found from the pleadings that steps were only being taken by the Panchayat to ascertain the slop, as per its decision dated 20/11/2007. Thus not only that there was no basis for the assumption, but also it has come out from WPC 16329, 16340 & 16343/08 :2 : the submissions made in this court that even as on date the slop of the land is yet to be ascertained. If that be so, the Tribunal was right in concluding that there was absolutely no basis for rejecting the building permit on the ground that there was slop by 45o and the prohibition that was imposed by the Panchayat by its decision dated 22/10/2007. 4. Facts being as above, I have no reason to conclude that Ext.P1 orders rendered by the 1st respondent Tribunal are to be invalidated for any reason. Writ petitions are dismissed. ANTONY DOMINIC,JUDGE. Rp