NATIONAL BUILDERS Vs. SECRETARY CHERANALLOOR GRAMA PANCHAYAT

JUDGEMENT

(1.) This writ petition is filed by a builder seeking to quash Exts.P4 and P8 stop memos issued by the 1st respondent and Ext.P7 order passed by the Tribunal for Local Self Government Institutions in Appeal No.124/2018 dated 26.11.2018, affirming Ext.P4 stop memo issued by the 1st respondent. Brief material facts for the disposal of the writ petition are as follows:

(2.) Petitioner, a partnership firm, is the absolute owner in possession and enjoyment of an extent of 20.24 Ares of property comprised in Re-survey Nos.110/2 and 110/25 of Cheranalloor Village, Kanayannur Taluk, Ernakulam District, by virtue of Sale Deed No.4361/2015 of S.R.O., Ernakulam. Petitioner applied and obtained Ext.P1 building permit from the 1 st respondent for construction of basement + Ground + 15 Floors. While construction was going on, on 09.02.2018, 2nd respondent issued Ext.P4 stop memo to stop the construction works, assigning the reason that the water level in the nearby wells are affected due to the pits taken in the property and also that the piling had affected certain buildings situated in the locality.

(3.) Petitioner challenged the same before the 5th respondent, i.e., the Tribunal for Local Self Government Institutions by filing the appeal specified above, along with an application for stay. On 21.02.2018, 5th respondent granted stay for a period of one month. Thereafter, the said order was extended till 30.04.2018. However, on 30.04.2018, 5th respondent did not extend the stay on the ground that petitioner has not obtained development permit. It was challenged before this Court by filing W.P.(C) No.16955 of 2018, which was disposed of on 20.07.2018, directing the 5th respondent to dispose of the appeal. On 26.11.2018, the appeal was disposed of, by sustaining Ext.P4 stop memo on the ground that petitioner has carried out excavation of earth in excess of 1.5 metres depth and the said depth of the cutting is more than the horizontal distance of the said cutting from the plot boundary, as is provided under the Kerala Panchayat Building Rules, 2011 (for brevity, 'the Rules, 2011'). After the passage of Ext.P7 order, 1st respondent has issued Ext.P8 order dated 03.12.2018, directing the petitioner to stop the construction activities, failing which, appropriate action will be initiated in accordance with the provisions of the Kerala Panchayat Raj Act, 1994.