KADAVLLUR GRAMA PANCHAYATH Vs. A.C. DAVID

JUDGEMENT

(1.) As both these writ petitions involve a common issue, they are taken up together for consideration and disposed by this common judgment. For the sake of convenience, the reference to facts and exhibits is from WP(C) No.3471 of 2018.

(2.) The petitioner in WP(C) No.3471 of 2018 is the Kadavallur Grama Panchayat. The respondent in the writ petition is the petitioner in WP(C) No.8968 of 2018. It would appear that the respondent had preferred an application before the petitioner Panchayat for a building permit for the purposes of construction of a compound wall. The Secretary of the petitioner Panchayat passed an order rejecting the said application for building permit submitted by the respondent, based on the directions issued by the Panchayat Committee. The decision of the Secretary rejecting the application for building permit was carried in an appeal before the Tribunal for Local Self Government Institutions by the respondent herein. The Tribunal, by Ext.P4 order, allowed the appeal preferred by the respondent, inter alia, on the finding that the decision of the Secretary of the Panchayath, rejecting the application for building permit, was one that was vitiated on account of a dictation by the Panchayat Committee. The Tribunal therefore, allowed the appeal and set aside the order of the Secretary that was impugned in the appeal before it, and directed the Secretary of the Panchayat to reconsider the application for building permit for construction of the compound wall submitted by the respondent, independently and uninfluenced by the Panchayat, President of the Panchayat, Chairman of the Standing Committee or any other member, and also in the light of the judgment in AS No. 33 of 2014 which had been passed by the First Appellate Court in the meanwhile. In the writ petition it is the case of the petitioner Panchayat that, against the decision of the First Appellate Court in AS No. 33 of 2014, it had preferred RSA No.625 of 2017 before this Court and it is during the pendency of the said RSA that the directions made by the Tribunal for Local Self Government Institutions had to be complied with by the petitioner Panchayat.

(3.) In WP(C) No.8968 of 2018, as already noted the respondent in WP(C) 3471 of 2018 is the petitioner and in his writ petition, the petitioner seeks an implementation of Ext.P4 order of the Tribunal for Local Self Government Institutions.