AYILLATH SREEDHARAN NAMBIAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The interesting question that is raised by the petitioner in this case is essentially whether Article 243 G of the Constitution contains the source of legislative power for the State to enact a law relating to buildings in the Panchayats. Case of the petitioner in brief is as follows:

(2.) I heard learned Senior Counsel Sri. P.K. Ravindranatha Menon appearing on behalf of the petitioner and also the lean led Government Pleader.

(3.) The case sought to be built up by the petitioner is this. The 73rd amendment to the Constitution of India was enacted bringing about a sea change as it incorporated Articles 243 A to 243 O. This is accompanied by the inclusion of Eleventh Schedule to the Constitution. The aforesaid provisions related to the Panchayats. On the other hand by the 74th amendment Articles 243P to 243Z and 243 A to 243ZG along with the Twelth Schedule were incorporated. They related to the Municipalities. Petitioner relies on the wording of Article 243G and contrasts the same with Article 243W. They are tracted hereunder.