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1996 Supreme(Ker) 63

S.SANKARASUBBAN, K.T.THOMAS
Karunagappally Grama Panchayat – Appellant
Versus
State of Kerala – Respondent


Judgment :-

Thomas, ag. C. J.

This writ appeal is by Karunagappally Grama Panchayat. Appellant filed the original petition under Art.226 of the Constitution challenging an order passed by the Government containing a direction that the Panchayat should permit certain persons to carry on construction of a multistoreyed building. Learned Single Judge, while dismissing the original petition, has observed that "Panchayat has to obey the order-passed by the State Government, and the Panchayat cannot be the petitioner aggrieved". Learned single judge has referred to another judgment rendered by himself in which such a view has been taken.

2. Facts are the following: Construction of a multi-storeyed building on the side of National Highway was in progress. Appellant panchayat (within whose territorial limits the land concerned is situate) took the view that the construction is in violation of the rule insisting on providing a set back area as enjoined by S.220 of the Kerala Panchayat Raj Act, 1994 (for short'the Act'). The Panchayat Committee adopted a resolution empowering its Secretary to take necessary steps for stopping further construction of the building. The Secretary then ordered sto


















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