SAJU VARGHESE Vs. KARUKACHAL GRAMA PANCHAYAT

JUDGEMENT

(1.) The petitioner was aggrieved with the action of the Secretary of the Panchayat in having declined to accept the resolution of the Council of the Panchayat, seen at Ext.P10, and having not taken any proceedings under Section 182 of the Kerala Panchayat Raj Act, 1994 ('Act' for short). The petitioner also was aggrieved with Exts.P12 and P13 orders passed by the Panchayat, respectively rejecting the regularisation of the first floor of a building and directing demolition of the same.

(2.) The petitioner was carrying on a Small Scale Industrial Unit, a saw mill, with certificate issued by the Department of Industries and Commerce at Ext.P1 and No Objection Certificate issued by the Divisional Forest Officer, Kottayam, as is seen from Ext.P2. The petitioner's building had a tiled roof which was sought to be concreted and a construction made on the first floor. The petitioner filed an application which was returned as defective, by Ext.P3. The petitioner, however, commenced the construction when Ext.P4 was issued, to which Ext.P5 reply was also filed. The Secretary of the Panchayat took proceedings, as is seen from Exts.P6, P7 and P8. Ext.P7 is a provisional order passed under Section 235W of the Act and Ext.P8 is the show cause notice issued. The petitioner then approached the Secretary with Ext.P9 and by then the construction was completed.

(3.) Ext.P9 was a request for regularisation of the construction. The Panchayat Committee considered the application as per Ext.P10. It was decided to permit the petitioner to regularise the construction. The Secretary, however deferred and invoking the powers under the proviso to sub clause (3) of Section 182 of the Act, noted her dissent, but, however, did not proceed further with the matter. In fact, the Secretary having noted the dissent, ought to have placed the matter again before the Council for a review and if the Panchayat Council reiterated its decision, the matter ought to have been referred to the Government. It is also specifically provided that if the Government does not respond to the reference within a period of 15 days, then, the decision of the Panchayat has to be implemented. No proceedings having been taken after the dissent, it is the submission of the learned Counsel for the petitioner that the resolution has to be implemented and the petitioner permitted regularisation.