K.M.JOSEPH
Ayillath Sreedharan Nambiar – Appellant
Versus
State of Kerala, Represented By Chief Secretary – Respondent
The interesting question that is raised by the petitioner in this case is essentially whether Article 243 G of the Constitution contains the source of legislative power for the State to enact a law relating to buildings in the Panchayats.
2. Case if the petitioner in brief is as follows:
He is a Senior Advocate practicing in the Supreme Court and he desires to retire and settle down in his home village in Kerala. The work of construction of a farm house was entrusted to a Contractor. It is while so that he came to know of the notification issued in the Gazette on 6.6.2007 extending certain chapters of the Municipalities Act and the Building Rules to all Panchayats and therefore the construction of the compound wall is not permitted without the permission of the Panchayat. He was asked to apply for permission to continue with the construction of the compound wall and the application he made is pending. Petitioner challenges Section 274 of the Panchayat Raj Act. He further seeks a declaration that Ext.P1, which is the Government Order dated 6.6.2007 is ultra vires, without jurisdiction, unauthorised and beyond the competence of the delegated authority and delegated legislat
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