MAYA R. NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner has approached this Court asserting that Ext.P8 is a statutory Review Petition filed by her under the provisions of Rule 10 of the Kerala Panchayat Building (Regularization of Unauthorized Construction) Rules, 2018 (hereinafter referred to as 'the Rule' for short); and seeks that the same be directed to be taken up and disposed of at the earliest.

(2.) The petitioner asserts that Ext.P8 has been preferred against Ext.P6 order of the Secretary of the Vakathanam Grama Panchayat, rejecting her application for regularization of a construction under the provisions of Rule 6(4) of the Rules on the ground that the said construction violates Section 220B of the Kerala Panchayat Raj Act, 1994. The petitioner says that she is, therefore, entitled to seek a review of this order under Rule 10 of the Rules and prays that Ext.P8 be consequentially directed to be taken up and disposed of at the earliest.

(3.) The learned Senior Government Pleader Shri.Rajasekharan Nair, appearing on behalf of the official respondent submits that if Ext.P8 is still pending, there does not appear to be any legal impediment in the same being directed to be taken up and disposed of; but prays that this Court may not make any affirmative declaration regarding the entitlement of the petitioner to any relief and leave it to the competent Authority to take a decision thereon as per law. He adds to the afore submissions by saying that this writ petition is premature, since Ext.P8 has been concededly preferred only on 20/11/2019 and prays, therefore, that this Court may allow the competent Authority to deal with it in a reasonable time frame.