K.H.ABDUL RASHEED Vs. THIRUMITTACODE GRAMA PANCHAYATH

JUDGEMENT

(1.) The petitioner has approached this Court impugning Ext.P13 communication issued by the Secretary of the respondent Grama Panchayat, asserting that it is illegal and unlawful, since it cancels an earlier building permit granted to him, namely Ext.P11, without following the imperative procedure under Rule 18 of the Kerala Panchayat Building Rules (KPB Rules for short).

(2.) According to the petitioner, he had approached the Secretary of the Panchayat seeking building permit for commencement of a 'Drinking Water Purification Plant and Packaging Unit' but that, since no action was taken thereon, he approached the District Level Adalath, and issued Ext.P10 order, which was also signed by the said Secretary. He says that based on Ext.P10 decision, Ext.P11 building permit had been granted on 30.07.2019; but that on 09.08.2019, Ext.P13 was issued revoking the said permit solely for the reason that the Secretary has been so ordered by the President of the Panchayat Committee to do so. The petitioner contends that Ext.P13 is illegal, unlawful and untenable and consequentially prays that the same be set aside.

(3.) The learned Standing Counsel appearing for the respondent Panchayat submits that Ext.P13 order has been issued because Ext.P11 permit had been granted by the Secretary without authority. He says that the petitioner is attempting to start a Drinking Water Unit, without obtaining necessary sanctions under Sections 232 and 233 of the Kerala Panchayat Raj Act and therefore, that any construction made by the petitioner on the strength of the said permit can only be found to be illegal and unlawful. He, therefore, prays that this writ petition be dismissed.