PANDALAM THEKKEKARA GRAMA PANCHAYATH Vs. ANNAMMA

JUDGEMENT

(1.) Petitioner is President of the Pandalam Thekkekara Grama Panchayat, and according to the petitioner, he has been authorized by a resolution of the Panchayat Committee dated 19.10.2012 to file the writ petition.

(2.) The case of the petitioner is that in terms of Ext. P1 resolution, all the roads in the Panchayat area were notified under Sec. 220(b) of the Kerala Panchayat Raj Act, 1994. Therefore when construction of buildings are made within the limits of the Grama Panchayat, an open space of 3 meters on the side facing the road has to be left. But the 1st respondent, namely Smt. Annamma, constructed a commercial building without leaving the open space as required under law and thereupon, she was served with Exts. P2 and P3 notices by the Panchayat directing to demolish the unauthorized construction to which the 1 st respondent has filed Ext. P5 objection. However the Panchayat found the reply of the 1 st respondent not satisfactory and consequently, the building was not numbered.

(3.) Thereafter the 1st respondent approached the Deputy Director of Panchayat, Pathanamthitta seeking directions to the Panchayat to number the building but the said request was rejected as per Ext. P6 order dated 15.02.2008 and later as per Ext. P7 order dated 03.12.2011 the Secretary of the Grama Panchayat has declined to number the building of the 1st respondent.