NAJUN NAZAR Vs. TAHSILDAR

JUDGEMENT

(1.) The petitioner has approached this Court alleging that the construction being carried on by the Government in the National Highway at Kuzhalmannam area is in contravention of law and without leaving necessary open space, as is required under the applicable Rules. The petitioner also contends that no "No Objection" from the National Highway Authority has been obtained for such construction and that it has not been exempted under Rule 3C of the Kerala Panchayat Building Rules, which provides for exemption in certain cases. The petitioner, therefore, prays that this construction be interdicted.

(2.) The learned Senior Government Pleader submits that the allegations of the petitioner are completely untrue, since the construction being carried on is for a public purpose- to house the Sub-Registrar's Office - and therefore, prays that this Court may not entertain this writ petition. He says that, the allegations are speculative in nature, because the National Highway Authority has not raised any objection until now and therefore, that the construction may not be interdicted.

(3.) The learned Standing Counsel appearing for the 9 th respondent-Panchayat submits that another person has also challenged the construction and that he has approached the Tribunal for Local Self Government Institutions, which Tribunal has now interdicted the construction. He says that another writ petition has also been filed by the said person before this Court as a "public interest litigation" and that the same is still pending. He submits that he has nothing further to comment on this issue, except that as matters now stand, the construction has been interdicted by the Tribunal.