P.K. THOMAS Vs. ELAVALLY GRAMA PANCHAYATH

JUDGEMENT

(1.) FOR the purpose of conducting a business the petitioner constructed a shop room within the limits of the first respondent Panchayat. Earlier, the third respondent approached this Court raising grievances against the construction while it was under construction by filing W.P.(C) No. 3671 of 2011. That writ petition was disposed of as per Ext.P1 judgment with a direction to the 3rd respondent therein/first respondent herein, to consider the objection, rather, complaint filed by the third respondent herein and to take appropriate decision thereon after affording a personal hearing to the petitioner and the third respondent. Pursuant to the same, the parties were heard and an order was passed. Feeling aggrieved by the said order the petitioner herein took up the matter before the Tribunal for Local Self Government Institutions by filing Appeal No. 1060 of 2012. The petitioner, the first respondent and the third respondent herein were heard and the Tribunal passed Ext.P2 order in the said appeal. After carefully considering the rival contentions the Tribunal found that the construction in question is an unauthorised construction and at the same time, the petitioner was given liberty to apply for regularisation of the unauthorised construction by amending/rectifying the construction in conformity with the Kerala Panchayat Building Rules. The Secretary of the first respondent Panchayat was directed not to enforce the impugned order till an order is passed on the application for regularisation provided such an application is filed in tune with the directions thereunder and within the time stipulated thereunder. Subsequent to Ext.P2 order passed by the Tribunal the petitioner submitted Ext.P3 application for regularisation. The second respondent noted certain defects in the said application and required the petitioner to cure the defects and to re - submit the same. It is in the said circumstances that the petitioner approached this Court by filing the captioned writ petition with the following prayers: -

(2.) I have heard the learned counsel for the petitioner, the learned standing counsel appearing for respondents 1 and 2 and also the learned counsel appearing for the 3rd respondent.