JILMON JOHN Vs. MANAKAD GRAMA PANCHAYAT CHITTOOR

JUDGEMENT

(1.) The short issue, in this case, is about the legality of the decision on application for regularisation filed under the Kerala Panchayath Building (Regularisation Of Unauthorised Construction) Rules, 2018 (hereinafter referred to as the "Regularisation Rules 2018"). The application submitted by the petitioners has been rejected by the Panchayath. Challenging this decision, the petitioners approached this Court.

(2.) The first petitioner appears to have established the Hot Mix Plant without permission from the Panchayath. Thereafter, he submitted an application for building permit. He was informed the construction can be regularised only under Rule 134 of the Kerala Panchayath Building Rules, 2011 (hereinafter referred to as the "Building Rules 2011") and taking note of hazardous nature of occupancy, layout approval from the Chief Town Planner is required under Rule 61 of the said Building Rules.

(3.) The petitioners challenged the proceedings of the Panchayath before this Court. This Court upheld the decision of the Panchayath. In the reported decision of the Division Bench in Jilmon John and Another v. Manakad Grama Panchayath, Idukki and Others,2017 KHC 163, it was held that the proceedings of the Panchayath is legal and at para.69 of the judgment it was observed as follows: