KARUNAGAPPALLY GRAMA PANCHAYAT Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ appeal is by Karunagappally Grama Panchayat. Appellant filed the original petition under Art.226 of the Constitution challenging an order passed by the Government containing a direction that the Panchayat should permit certain persons to carry on construction of a multi-stored building. Learned Single Judge, while dismissing the original petition, has observed that "Panchayat has to obey the order passed by the State Government, and the Panchayat cannot be the petitioner aggrieved". Learned single Judge has referred to another judgment rendered by himself in which such a view has been taken.

(2.) Facts are the following: Construction of a multi-storeyed building on the side of National Highway was in progress. Appellant panchayat (within whose territorial limits the land concerned is situate) took the view that the construction is in violation of the rule insisting on providing a set back area as enjoined by S.220 of the Kerala Panchayat Raj Act, 1994 (for short 'the Act'). The Panchayat Committee adopted a resolution empowering its Secretary to take necessary steps for stopping further construction of the building. The Secretary then ordered stoppage of further construction of the building and directed the respondents to demolish the already constructed portion. Affected respondents thereupon approached the Government with a petition (Ext. P1) requesting to lift the order passed by the Panchayat Secretary. Government passed Ext. P3 order withdrawing the interdict of the Panchayat and directed the Panchayat to give permission to the respondents to complete the construction in accordance with the suggestions made by the Chief Town Planner. It is Ext. P3 order which the Panchayat has challenged under Art.226 of the Constitution.

(3.) Learned single Judge, after pointing out that Panchayat is incompetent to file the original petition under Art.226 as the Panchayat has to obey the orders passed by the Government, further observed that as the construction of the building is in progress, it is not just and proper to exercise the extra ordinary powers of the High Court.