MUHAMMEDKUTTY ALUKKAL Vs. OORAKAM GRAMA PANCHAYATH

JUDGEMENT

(1.) The petitioner has approached this Court impugning Ext.P6 order issued by the Secretary of the respondent-Panchayat, refusing to regularize a building constructed by him, on the ground that it is violating Section 220(b) of the Kerala Panchayat Raj Act and Rules 27(5), 27(10) and 27(11) of the Kerala Panchayat Building Rules (KPB Rules).

(2.) According to the petitioner, the findings in Ext.P6 are untenable because, going by the second proviso to Section 220(b) of the Kerala Panchayat Raj Act, a sunshade can be constructed within the three metres limit and that this is the only alleged deficiency noticed by the Secretary in the joint inspection of the building, conducted on the instructions of the District Collector.

(3.) The petitioner thus says that as per the afore mentioned second proviso to Section 220(b) of the Kerala Panchayat Raj Act, the statements in Ext.P6 are totally without basis since it expressly permits construction of sunshades within the distances shown therein; adding that the alleged violations with respect to the sunshades on the sides of the building as per Rules 27(5), 27(10) and 27(11) of the KPB Rules, also is regulated by the afore proviso to Section 220(b) of Kerala Panchayat Raj Act.