ASHRAF M Vs. THAMARASSERY GRAMAPANCHAYAT

JUDGEMENT

(1.) The petitioners submitted an application for building permit before the 2nd respondent, the Secretary of the Panchayat on 13/6/2019 as evident from Ext.P4 receipt. The 2nd respondent, by Ext.R2(a) letter, pointed out certain defects in the application and the petitioners cured those defects and resubmitted the application on 5/12/2019 as evident from Ext.P5 receipt. The petitioners state that the 2nd respondent did not communicate any order on the above said application. Accordingly the petitioners submitted Ext.P7 request dtd. 4/3/2020 before the 1st respondent Panchayat for permit. The 1st respondent Panchayat neither approved nor disapproved the building permit within 30 days of submission of Ext. P7 request. The petitioners, therefore, contend that they have secured a deemed permit in terms of Rule 14 (2) of the Kerala Panchayat Building Rules, 2019 (hereinafter referred to as the 'Rules' for short). The petitioners thereafter submitted Ext.P8 letter dtd. 8/6/2020 informing the 2nd respondent that they are commencing the construction on the basis of deemed permit. Ext. P8 was duly acknowledged by the 2nd respondent.

(2.) While so, the 2nd respondent issued Ext.P9 communication dtd. 12/4/2021 cancelling the application of the petitioners for building permit stating that the construction is not in accordance with the provisions of the Kerala Panchayat Raj Act, 1994 (hereinafter referred to as the 'Act' for short) and the Rules.

(3.) The petitioners contend that, the rejection of the application for building permit after thirty days from Ext.P7 request before the Village Panchayat has no consequence when rejection of the application was not communicated to them within 30 days of Ext.P7 request. Accordingly the petitioners pray for direction to quash Ext.P9 and declare that the petitioner is entitled to proceed with the construction on the basis of deemed permit.