LAWS(KER)-2006-12-475

S NAYAGAM Vs. MUNNAR GRAMA PANCHAYATH

Decided On December 08, 2006
S.NAYAGAM SELVARAJ MOORTHI Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) HEARD Sri.N.M.Varghese, counsel for the petitioner and Smt.Aysha Yousuf, standing counsel for the 1st respondent Panchayat. Counsel for the petitioner submits that what the petitioner wants, is only to do the essentially needed repairs to the basement and foundation of the building which is seen in Exhibit P7 photograph. Counsel undertook that the petitioner will not expand the plinth area of the building in any manner at all. The learned standing counsel for the Panchayat submitted that it should be ensured that the petitioner does not expand plinth area of the building under the guise of the permit to be issued in his favour by the Panchayat.

(2.) UNDER these circumstances, the writ petition will stand disposed of with the following directions. The Secretary of the 1st respondent, Panchayat will immediately take up Exhibit P10, consider it favourably and issue permit to the petitioner for doing all the necessary repair and reinforcement works retaining the basement and foundation of existing shop cum residential building which is seen in Exhibit P7 photograph. The permit as directed above will be issued by the respondent within two weeks of the respondent receiving copy of this judgment. The permit shall contain a clause that the petitioner shall not expand the plinth area of the building in question at all, and that the foundation and basement will only be repaired and reinforced.