MONUDHEEN HAJI Vs. KUZHIMANNA GRAMA PANCHAYATH

JUDGEMENT

(1.) The petitioner is basically challenging Ext. P2 order passed by the Secretary of the Kuzhimanna Grama Panchayat, respondent No.2, whereby Ext. P1 building permit granted to the petitioner is cancelled assigning the reason that the property in which permit was granted is a paddy field and any construction cannot be undertaken in view of the provisions of the Kerala Conservation of Paddy Land and Wetland Act, 2008 ('Act, 2008' for short).

(2.) In fact, on 15/6/2015, when the writ petition was admitted to the files of this Court, an interim order keeping in abeyance the operation of Ext. P2 order was granted and the same was extended until further orders on 19/8/2015. Consequent to the same, the construction would have been carried out by the petitioner. Anyhow, if the construction is complete and if there is any illegality, it is for the Secretary of the Grama Panchayat to pursue appropriate action in accordance with the provisions of law, especially as per Sec. 235W of the Kerala Panchayat Raj Act, 1994 ('Act, 1994' for short).

(3.) I also make it clear that if the petitioner produces any order in terms of the provisions of the Act, 2008, entitling him to carry out any construction in the property, it is for the Secretary of the Panchayat to pursue further action, after the completion of the building by the petitioner, in accordance with the provisions of the Act, 1994 and the Kerala Panchayat Building Rules, 2011.