GOVINDARAJAN Vs. PATTAMBI GRAMA PANCHAYAT

JUDGEMENT

(1.) Ext. P5 order passed by the Tribunal for the Local Self Government Institutions is under challenge in this petition.

(2.) The petitioner alleges that he, who is the owner of 8. 5 cents of property purchased in the year 2006, made some additional constructions on the existing foundation wall of the old building. The same was objected to by the second respondent who, according to the petitioner, had an axe to grind against the petitioner since he failed in his attempt to purchase the property from the previous owner. The petitioner applied for regularisation of the construction which was regularised after a detailed enquiry and inspection by the Secretary of the respondent Panchayat. This order of regularisation was challenged by the second respondent before the Tribunal for Local Self Government Institutions.

(3.) The grievance of the petitioner is that the Tribunal, without proper appreciation of facts and on improper understanding of the report filed by the Commissioner, allowed the appeal setting aside the order of regularisation. According to the petitioner, the Tribunal mistook the old foundation wall of the petitioner's old building situated in the properties purchased by him which stands at a higher level than the compound wall of the properties of the second respondent. Resultantly the learned Tribunal directed initiation of action against the illegal construction after setting aside the regularisation order. It is in this background the petitioner has approached this Court.