CHEKKOTTY Vs. PERAMBRA GRAMA PANCHAYATH

JUDGEMENT

(1.) This writ petition is filed by the petitioner challenging Exhibit P10 order passed by the Tribunal for Local Self Government Institutions, Thiruvananthapuram in Appeal No.401/2014 dtd. 11/7/2016, whereby the appeal filed by the 3rd respondent herein was allowed and the impugned order passed by the Secretary of the Perambra Grama Panchayat - 1st respondent issued under Sec. 235W (3) of the Kerala Panchayat Raj Act 1994 directing the 3rd respondent to demolish a hut was set aside, holding that for construction of a hut, no permit is required otherwise than as provided under sec. 235P of the Kerala Panchayat Raj Act, 1994. It was also held that no permit is necessary in the matter of construction of a hut as provided under rule 10(xii) of the Kerala Panchayat Building Rules, 2011. It is thus challenging the legality and correctness of the order, the writ petition is filed.

(2.) Petitioner has a basic contention that in the appeal before the Tribunal, petitioner was not made a party and that the petitioner was a necessary party in the said proceedings since the complaint before the Secretary was filed by him. The necessary facts for the disposal of the writ petition are as follows;

(3.) According to the petitioner, the 3rd respondent viz., Kunhikannan, S/o. Kanaran, Thandorappara P.O., Kozhikode, constructed an unauthorised thatched shed in front of petitioner's commercial building, partly blocking its entry on 11/10/2005; that construction was done substantially covering petitioner's building, its passage visibility, light and air, which is evident from Exhibit P1 series of photographs produced by the petitioner; that the 3rd respondent erected the shed in violation of the prevailing Municipal Building Rules, evident from Exhibit P2 complaint, the inspection report of the Secretary of the Perambra Grama Panchayat , Exhibit P3 show cause notice and Exhibit P4 reply filed by the 3rd respondent to the said notice.