K.C.RATNAKARA PANICKER Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners have approached this Court alleging that the construction, being carried on by respondent No.5, is in violation of Rule 27 of the Kerala Panchayath Building Rules (KPB Rules for short); and consequently prays that the 4threspondent-Secretary of Perignottukurussy Grama Panchayath, be directed to take appropriate action against the same.

(2.) The learned counsel for the 5th respondent, in response to the afore submissions made on behalf of the petitioners by Smt.Girija K.Gopal, submitted that the allegations of the petitioners are completely wrong, since her client is making the construction strictly in terms of the approved building plan and permit. He says that there has been no deviation from the said plan and permit and therefore, that no action can be now permitted by the Secretary against it.

(3.) I must record that this Writ Petition was heard by me initially on 1/11/2019, and on hearing the afore submissions, I had directed the Secretary of the Panchayath to file an affidavit disclosing whether the 5th respondent has violated the building plan and permit or whether the plan itself had been issued in violation of the KPB Rules. An affidavit had been now placed on record by the Secretary, wherein it virtually appears that the plan itself was approved in violation of Rule 27 of the KPB Rules.