IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 11TH AUGUST 2010 / 20TH SRAVANA 1932 WP(C).No. 22612 of 2010(B) ---------------------------------------- PETITIONER(S): ------------------------ K.C.SEBASTIAN, S/O. CHACKU, KANNAPPILLY HOUSE, NEAR S.S.BRIDGE, KALADY-683574. BY ADV. SRI.N.R.SANGEETHARAJ RESPONDENT(S): ------------------------- 1. KALADY GRAMA PANCHAYATH, KALADY.P.O., PIN-683574, REPRESENTED BY ITS SECRETARY. 2. THE SECRETARY KALADY GRAMA PANCHAYATH KALADY.P.O., PIN-683574. R1 & R2 BY ADV. SRI.DINESH MATHEW J.MURICKEN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.22612/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDE IN WPC. 25357/2006 PASSED BY THIS HONOURABLE COURT DTD. 26.9.2006. P2:- COPY OF THE ORDER IN APPEAL NO.393/2006 PASSED BY THE TRIBUNAL FOR LOCAL SELF GOVERRNMENT INSTITUTION, THIRUVANANTHAPURAMM, DTD. 18.11.2006. P3:- COPY OF THE APPLICATION FOR REGULARISATION SUBMITTED BY THE PETITINER, DTD. 9.7.07. P4:- COPY OF THE CIRCULAR ISSUED BY THE DEPUTY DIRECTOR OF PANCHAYATH , DTD. 19.5.2009. P5:- COPY OF THE REPRESENTATION SUBMITTED BY THE PETITINER DTD. 14.9.09. TRUE COPY P.S. TO JUDGE tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 22612 of 2010-B - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of August, 2010. JUDGMENT The main prayer in this writ petition is for a direction to the second respondent consider Ext.P3 application to regularise the construction of the petitioner's building. The petitioner constructed a building in his property after demolishing the existing one. The petitioner was served with a notice by the Panchayat alleging violation of Section 220(b) of the Kerala Panchayat Raj Act. This was challenged before this Court in W.P.(C) No.25357/2006 wherein this Court directed the petitioner to file an appeal before the Tribunal for Local Self Government Institutions. The Tribunal disposed of the matter by Ext.P2, recording the submission of the Panchayat that the Secretary will pass fresh orders in compliance with the direction in W.P.(C) No.25698/2006. Ext.P3 is the application for regularisation submitted by the petitioner. 2. Mainly it is contended that Section 220(b) of the Act is not applicable as the road abutting the building is not a National Highway, State Highway, district roads or any other roads notified by the Panchayat. It is stated that it is only a private road and it is not at all a Panchayat road wpc 22612/2010 2 also. 3. Reliance is placed on Ext.P4 circular issued by the Deputy Director of Panchayats dated 19.9.2007 which also, according to the petitioner, supports his plea. Ext.P5 is a further representation submitted in the matter. 4. In the counter affidavit filed by the respondents, it is pointed out that the Panchayat committee, on 25.9.2004 had passed a resolution making applicable the provisions of Section 220(b) of the Act to the various roads in the Panchayat. Ext.R1(a) is the said resolution. 5. Learned counsel for the petitioner invited my attention to Section 220(b) of the Act which provides that there shall be a notification by the village Panchayat concerned to make it effective. The manner of publication of such notification is governed by the relevant rule, viz. Kerala Panchayat Raj (Manner of Publication of Notification or Notice) Rules, 1996. Rule 3 of the above rules states as follows: “3. Publication of Notification.-- Save as otherwise expressly provided in the Act or the rules made thereunder, every notification issued under the provisions of the Act shall be published in the Government Gazette: Provided that the Government shall have the power to direct that any such notification shall, instead of being published in the wpc 22612/2010 3 Gazette, be published in any other manner specified by them.” The above provision was considered in Thomas Paul and another v. State of Kerala and others (2006 KHC 1638) wherein it was held that a road can be notified as a panchayat road only in the manner provided in the Kerala Panchayat Raj (Manner of Publication of Notification or Notice) Rules, 1996 and in the absence of such a notification, the Panchayat cannot insist for compliance with S.220(b) for a construction made abutting a road within the Panchayat. 6. Herein, Ext.R1(a) is only a resolution taken by the Panchayat. In the absence of a notification, the same cannot be enforced against the petitioner. 7. In that view of the matter, the writ petition is allowed. There will be a direction the respondents to consider the application for regularisation and issue appropriate proceedings within a period of one month from the date of receipt of a copy of this judgment without insisting for compliance of Section 220(b) of the Act. No costs. (T.R. Ramachandran Nair, Judge.) kav/