N.RAMACHANDRAN Vs. ALANGAD GRAMA PANCHAYATH

JUDGEMENT

(1.) Captioned writ petitions are materially connected in respect of stop memos issued by the 1st respondent Panchayat against the party respondents in W.P.(C) No.19418/2018 directing the party respondents to stop the activities carried on by them in the buildings situated within the limits of the Panchayat. Other writ petition s are filed by the party respondents seeking to quash the stop memos issued by the Panchayat. Therefore, I heard them together and this common judgment is passed. In order to dispose of the writ petitions, facts and documents available from W.P.(C) No.19148/2018 are relied upon, wherein the party respondents have filed a detailed counter affidavit.

(2.) According to the petitioner, petitioner has his residential house by the side of the Kadungallur - Panaikulam PWD Road, which has hardly a width of 5 meters virtually impossible for two vehicles to cross at many points. According to the petitioner, many unauthorised godowns have now sprung up within the Panchayat limits, for which the Panchayat has not granted any licence and one of such godowns is hardly at a distance of 30 meters distance from the petitioner's residential house. In order to carry on with the business many huge trailer lorries carrying heavy containers frequently moved along the narrow road to reach the unauthorised godowns situated on either side of the road, evident from Ext.P1 photograph. Petitioner is aged 83 years and it is virtually impossible for him to move through the unruly traffic congestions created by the movement of container lorries along the road. According to the petitioner, as per the information given by the Panchayat under the Right to Information Act , as many as 20 godowns are functioning within the Panchayat limits and many of them are constructed in a fraudulent manner by obtaining building permits for construction of commercial building, which fall under Group F of rule 34 of the Kerala Panchayat Building Rules, 2011, whereas the godowns have to be treated as Group-H buildings. It is also submitted that, consequent to the frequent plying of these heavy container lorries, the people of the locality especially the school going children are put to various difficulties. Six of the godowns are situated very close proximity to one of the public schools and the risk of accidents are also on the anvil. It is also pointed out that, being confronted with such a situation, especially faced by the student community, petitioner has submitted Ext.P3 complaint dated 22.12.2017 before the Kerala State Commission for Protection of Child Rights. So also Ext.P4 complaint is submitted by the petitioner before the 3 rd respondent viz., the Kerala State Pollution Control Board. Ext.P5 complaint is also preferred before the 2 nd respondent. While so, consequent to the queries made by many individuals regarding the unauthorised functioning of the godowns, Exts.P6 and P7 stop memos are issued by the 1st respondent Panchayat to some of the godown owners. However, the Panchayat has not made any effort to implement the stop memos and thereupon, the occupants of the godowns are carrying on their business unmindful of the stop memos issued by the Panchayat. It is thus seeking implementation of the stop memos, petitioners have filed these writ petitions.

(3.) On the other hand, some of the party respondents have filed counter affidavits separately stating that, the building constructions were carried out by the respondents in accordance with law and are let out to various persons. It is also submitted that, even though tenants have submitted applications before the Panchayat seeking necessary permits/licenses, the same are not considered by the Panchayat within the time frame fixed under law and no communications were issued rejecting the licence/permit applications and therefore, the tenants are conducting business in accordance with the deemed licence secured as per the provisions of the Kerala Panchayat Raj Act. That apart it is submitted that, the businesses are carried out by the respective tenants after securing necessary permits/consents from the statutory authorities. It is also pointed out that, property tax are also being paid by the party respondents to the Panchayat without fail. According to the party respondents, licence for construction was secured by the respondents as per rule 34 in Group-F category that deals with mercantile or commercial building including any building or part thereof, which is used for display and sale of merchandise such as shops, stores, markets etc., either for wholesale or retail. Banking and financial institutions, private business houses and professional establishments of doctors, dentists, engineers, architects, lawyers, pathological laboratories, tailor shops etc. etc. are included in this Group. Therefore, according to the respondents, the stop memos issued by the Panchayat asking the tenants to stop the business cannot be sustained under law. It is also pointed out that, the tenants of the building in respect of W.P.(C) No.23700/2018 has already vacated the premises.