THULASEEDHARAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is aggrieved by the impugned proceedings of the 1st respondent-State Government and the Ombudsman for Local Self Government Institutions (LSGI) in rendering the impugned Ext.P-11 Government Order dated 22.11.2010 and Ext.P-10 dated 29.10.2010 whereby the plea made by the petitioner as per Ext.P-7 petition that the Government should cancel the impugned Ext.P-4 resolution passed by the 2nd respondent -Panchayath has been rejected. The main prayers in this Writ Petition (Civil) filed on 11.1.2011 are as follows:

(2.) Heard Sri.Ayyappan Sankar, learned counsel for the petitioner, Sri.Jestin Mathew, learned Government Pleader appearing for R-1 State and Sri.Siju Kamalasanan, learned Standing Counsel for R-2 & R-3 Panchayat authorities of the Mynagappally Grama Panchayath.

(3.) It is the case of the petitioner that he owns a small plot of land coming to an extent of 40 sq. mts (one cent) in Sy.No.510/17 in Mynagappally Village within the territorial limits of the Mynagappally Grama Panchayat and he had obtained the said property as per the registered sale deed of the year 2005. The said land is situated within the Revenue District of Kollam. The petitioner has submitted Ext.P-1 application dated 19.2009 for building permit for effecting construction of a small shop room in the said small plot of land. It was the case of the petitioner that on the southern side of the said property there is a PWD road called Thoppilmukku-Karalimukku road and on the western side, there is a by-road having a length of hardly 350 mts. constructed in the year 2006, which is used only as a short cut to the Panchayath road situated on the northern side of the Railway Station. According to the petitioner in the application for building permit and plan submitted by him, the petitioner has provided 3 mts. set back on the southern side from the Thoppilmukku-Karalimukku road and 2 mts. on the western side from the adjacent road, which is now a byroad. That by Ext.P-2 order dated 15.5.2009, Ext.P-1 application has been rejected on the ground that the abovesaid small by-road on the western side of the petitioner's property also comes within the purview of a road as envisaged in Sec.220(b) of the Kerala Panchayath Raj Act, 1994. Sec.220 including clause (b) of the Kerala Panchayat Raj Act, 1994, provides as follows: