MOHAMMED ALTHAF Vs. VALAVANNUR GRAMA PANCHAYAT

JUDGEMENT

(1.) The writ petition is filed challenging Ext.P8 order passed by the Ombudsman for Local Self Government Institutions (for short, 'the Ombudsman') prohibiting the petitioner from using the building in Re-Sy.No.103/5 in Valavannoor Village as auditorium.

(2.) According to the petitioner, he constructed a commercial building in 23.673 Ares of land owned by him in the aforesaid survey number for starting furniture business on the basis of Ext.P1 building permit issued by the 2nd respondent, the Secretary (hereinafter referred to as 'Secretary') of the 1st respondent Grama Panchayat ('Panchayat', for short). Upon completion of the construction, the building was assigned with number and occupancy certificate was issued by the Secretary.

(3.) The petitioner states that when he sustained loss in the furniture business, he decided to start a mini auditorium in the said building and since the plinth area was not sufficient to house the auditorium, he constructed one more floor on the existing building and submitted application for regularisation of that floor. However, finding that the construction is unauthorised and the occupancy of the building was changed without permission, the Secretary passed Ext.P2 order under Sec. 235W(3) of the Kerala Panchayat Raj Act, 1994 (hereinafter referred to as 'the KPR Act', for short) cancelling the building number and occupancy certificate and directed the petitioner to demolish the entire building.