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2006 Supreme(Ker) 697

PIUS C.KURIAKOSE
Thomas Paul – Appellant
Versus
State of Kerala, Rep. By Secretary – Respondent


Judgment :-

The question which arises for decision in this case is whether the distance rule under Section 220(b) of the Kerala Panchayat Raj Act, 1994 will apply to properties which abut all roads situated within the limits of a Panchayat, even in the absence of a notification under Rule 3 of the Kerala Panchayat Raj (Manner of Publication of Notification or Notice) Rules, 1996 notifying the same as a public road for the purpose of Section 220(b) of the Act.

2. Ext.P4 order passed by the 3rd respondent-Karukutty Grama Panchayat directing demolition of a newly constructed building as well as Ext.P8 order passed by the 2nd respondent-Tribunal for Local Self Government Institutions on an appeal against Ext.P4 are under challenge in this Writ Petition filed by persons who constructed the building. The property upon which the construction is made is situated on the side of a road by name "Karukutty Railway Station road". The South Indian Bank which was approached by the petitioners for financial assistance for constructing the building insisted on a No-Objection Certificate from the 3rd respondent-Panchayat. The Panchayat issued Ext.P1 certificate to the petitioners. The petitioners wou



















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