ROSA Vs. VALLACHIRA GRAMA PANCHAYAT

JUDGEMENT

(1.) The petitioners have filed this writ petition seeking the following reliefs: - "i) to issue a writ of mandamus or any other appropriate writ, direction or order commanding the second respondent to permit the petitioners to continue and complete the construction of building (dormitory) as per Ext.P2 permit and Ext.P6 resolution forthwith; ii) to stay the implementation of Ext.P4 and all further proceedings pursuant thereto by issuance of a writ of certiorari or other appropriate order; iii) to grant such other reliefs, as this Hon'ble Court shall deem just and proper in the interest of justice, including costs." The petitioner had submitted an application for the construction of a dormitory for the residence of nuns. The petitioners are the absolute owners in possession of 3.70 ares of land comprised in resurvey No: 307/4 (old survey No: 142/1) Block No:31 of Arattupuzha Village, Thrissur, purchased as per Ext.P1 sale deed. According to the petitioners, the property is dry land, in view of the description contained in Ext.P1(b) possession certificate dated 27 -8 - 2011 issued to them. However, in spite of the above, according to them Ext.P4 stop memo was issued by the second respondent. Ext.P4 was the subject matter of challenge before the Tribunal for Local Self Government Institutions in an appeal filed by the petitioners, Appeal No: 304/2011. As per Ext.P7 order, the appeal filed by the petitioners was dismissed. However, the following direction has also been issued: - "The Secretary may conduct a local inspection and verify what exactly is the nature of the land. The Secretary may also decide what exactly is the nature of the use for the proposed construction and further decide whether a regular permit for the construction is required or whether the building would come within the exempted category. Thereafter the Secretary may pass an order on the intimation given by the appellants." (emphasis supplied) Thereafter, the Panchayat issued Ext.P8 notice informing the petitioners that their property would be inspected on 14 -9 -2011. Thereupon, this writ petition was filed. An interim order was granted on 12 -10 -2011. Subsequently, as per order dated 10 -1 -2012 the interim order was directed to be kept in abeyance. The said situation continues.

(2.) The counsel for respondents 1 and 2 submits that the petitioner had earlier submitted an application seeking permission to make a construction for residential purposes. Subsequently an affidavit was filed stating that the same was intended to be used as a dormitory. In the absence of a definite stand regarding the manner of use of the proposed construction it is contended that it is difficult for the Panchayat to grant permit.

(3.) The counsel for the additional third respondent submits that as per Ext.P3 the Panchayat has submitted a report to the Revenue Divisional Officer, on the basis of which the said authority has to issue further proceedings. Therefore, the application for building permit submitted by the petitioners cannot be considered at this stage. Heard.