THANKAMONY K Vs. KUNNATHUKAL GRAMA PANCHAYATH

JUDGEMENT

(1.) The captioned writ petitions are materially connected in respect of a building constructed by the petitioner, which according to the Panchayat, is without securing a building permit and therefore, an illegal one. Therefore, I heard the writ petitions together and propose to pass this common judgment.

(2.) So far as W.P.(C).No.36301/2017 is concerned, it is seeking a direction to the Panchayat to number the building constructed by the petitioner. Thereafter, the issue was considered by the Panchayat and UA number was provided to the petitioner and the property tax is being collected in accordance with Section 235AA of the Kerala Panchayat Raj Act, 1994. Therefore, virtually the directions sought for in the said writ petition has become infructuous and accordingly, the writ petition is closed.

(3.) So far as W.P.(C).No.2053/2019 is concerned, it is admitted by the petitioner that, construction was carried out without securing building permit from the Panchayat. Even though, petitioner has submitted Ext.P6 application seeking regularization of the construction carried out by the petitioner, in my considered view, the same is not in the format prescribed in accordance with the provisions of Kerala Panchayat Raj(Regularization of Unauthorised Construction)Rules 2018, which stands extended up to 31.03.2018. At that point of time, learned counsel for the petitioner sought permission to file an application in the proper format and a further direction to consider the same in accordance with law within a time period fixed by this court.