LISSY THOMAS Vs. RAMAPURAM GRAMA PANCHAYAT

JUDGEMENT

(1.) This writ petition is filed challenging Ext.P10 order issued by the 2nd respondent and seeking directions to the 2nd respondent to reconsider the application submitted by the petitioner for building permit and for approved building plan.

(2.) Heard the learned counsel for the petitioner and the learned Government Pleader as well as the learned Standing Counsel appearing for the respondent Panchayat.

(3.) It is submitted by the learned counsel for the petitioner that the petitioner is the owner in possession of 13.65 Ares of land in Survey No.97/1 in Block No.25 of Vellilappally Village in Meenachil Taluk of Kottayam District. It is submitted that the petitioner had submitted an application for construction of a building in the property. It was found that it is necessary to remove ordinary earth to a quantity of 667.82 M3 and rock to a quantity of 706.97 M3 from an area having an extent of 349.88 M2 in the property of the petitioner, an application in due form with plan was submitted as Ext.P9. Ext.P10 order was passed rejecting the application on the ground that the Panchayat is empowered only to consider requests for removal of ordinary earth and since removal of rock is involved, the application cannot be considered by the Panchayat.