P A SANTHOSH Vs. VELLATHOOVAL GRAMA PANCHAYATH

JUDGEMENT

(1.) PETITIONER is the owner of 20 cents of land situated in R.S.No.7/3 of Kunjithanni Village, Devikulam Taluk. On 28.10.2009, petitioner made an application to the respondent Panchayat for a building permit. The Panchayat forwarded the file to the District Town Planning Officer for his approval along with the report of the Assistant Engineer of the Local Self Government Department. The matter was considered by the Town Planner and by Ext.P2 dated 18.11.2009, the Town Planner permitted the Panchayat to issue building permit subject to the conditions mentioned therein. In pursuance to Ext.P2, Panchayat issued Ext.P3 building permit on 23.11.2009 which also incorporates the conditions mentioned in Ext.P2. On the strength of the building permit, petitioner constructed the building. Ext.P4 is the photographs. When the building was almost complete, Ext.P6 order was issued by the second respondent to the Panchayat stating that a Master Plan has been prepared in August, 2010 and that on the strength of permit obtained before the date of preparation of the Master Plan, a building is being constructed by the petitioner. According to him, as per the Master Plan, the number of stories of buildings have been limited to 1 + 2 and that the building in question is being constructed in violation thereof. Therefore, the Panchayat was ordered that until a decision in the matter is taken at the Government level, building permit should be temporarily withheld. Referring to Ext.P6, the Panchayat issued Ext.P5 order dated 26.9.2011 temporarily cancelling the building permit. It is this order which is under challenge in this writ petition.

(2.) WHILE admitting this writ petition, this Court stayed further proceedings pursuant to Ext.P5, for a period of three months and the said order of stay has been extended since then. In the meantime, the construction of the building has been completed and Ext.P7 produced along with I.A.2194/12 shows that ownership certificate has been issued by the Panchayat which has also assigned number to the buildings in question. In this writ petition the prayer sought by the petitioner is to quash Exts.P5 and P6 referred to above.

(3.) INSOFAR as this writ petition is concerned, this Court is only concerned with the validity of Exts.P5 and P6. Ext.P6 seems to be a general direction. Therefore, anything said in this judgment insofar as Ext.P6, is only in the context of Ext.P5 and therefore, the benefit thereof is also confined to the petitioner.