ASSIA Vs. THAVINHAL GRAMA PANCHAYAT

JUDGEMENT

(1.) The petitioner seeks to set aside Ext.P8 order dated 23.12.2016 passed by the first respondent-Panchayat.

(2.) The petitioner states that she submitted an application for permit for constructing a commercial building, before the first respondent and a plan and other relevant documents were submitted to the Panchayat. Accordingly, the Panchayat issued Ext.P1 Building Permit dated 25.08.2012. The plan submitted by the petitioner is produced as Ext.P2. As per the Building Permit, the first respondent-Panchayat granted permission for constructing 30.25 m2 for ground floor and 92.90 m 2 for first floor. The petitioner constructed the proposed building availing financial assistance from the Wayanad District Co-operative Bank Ltd. The building was subsequently let out to tenants. The building in question is the only source of her income, contends the petitioner.

(3.) While so, the petitioner was served with Ext.P5 notice dated 29.10.2016 by the first respondent stating that the Panchayat found the construction to be illegal and therefore, the building should be demolished. According to the petitioner, the alleged irregularities mentioned in Ext.P5 are non-existent. The petitioner submitted a reply dated 15.11.2016 as per Ext.P7. However, without giving an opportunity of hearing to the petitioner, the second respondent arbitrarily issued Ext.P8 order directing demolition of the building. In the circumstances, the petitioner challenges Ext.P8 order and seeks to direct the respondent not to demolish the building in question.