"CR"

1. The petitioner seeks a declaration that it, a builder, is entitled to get building permit for constructing a multi-storeyed apartment as sought for in Ext.P3 application. A direction that the said application be considered in accordance with law within a time frame is also sought for.

2. In its counter affidavit, the first respondent Grama Panchayat, among other things, states that the application of the petitioner for building permit was rejected as per Ext.R1 (e) order dated 16.1.2009.

3. The petitioner contends through its learned counsel that the Grama Panchayat has acted contrary to law in the matter of measuring the width of the approach road and also in relation to different other matters referable to the question whether the petitioner is entitled to the permit in question.

4. Looking at the counter affidavit, an order was issued by this Court on 7.10.2009 requiring the Grama Panchayat to show the material on the basis of which it stands to show that Ext.R1(e) was communicated to the petitioner. This was because, the date of communication of an order adverse to a party applying for a building permit is of great consequence as the law as it now stands includes an inhibition from moving the Tribunal for LSGIs unless it is so done within a time frame.

5. Today, the learned counsel for the Panchayat has brought a register that it maintains regarding service of notice. It contains the recording of the fact that the original of Ext.R1(e) was sent from the office of Grama Panchayat by ordinary post on 17.1.2009.

6. Going by the legitimate presumptions as to the legality and regularity of official acts that may be drawn in terms of the Evidence Act and other attendant presumptions available under the law relating to Postal Department, it may be inferable that the postal article despatched in ordinary post would have been carried to its addressee. But, that is insufficient. The consequences of the receipt of an order rejecting a building permit, including the fact that time to challenge it commences to run from that date, call for strict construction of rules of service of notice; by reading the rules as they stand.

7. The Kerala Panchayat Raj (Manner of service of Notices) Rules, 1996 gain importance. They govern serving of notice. Rule 3, with four sub rules, directly applies. It reads as follows:

"3. Serving of notice. – (1) In case the Act or rules or bye-laws made thereunder requires the Panchayat to serve any notice or document to a person, such service or sending shall, unless otherwise provided in the Act or rules or bye-laws made thereunder, be done, -

(a) by service or sending of notice or document to such person; or

(b) if such person cannot be found out, by leaving such notice or document at his last known place of abode or business or by entrusting the same to some adult member or servant of his family and in the case of employees working in firms, factories, plants and workshops where admission to notice server is prohibited or where service of notice cannot be possible in the ordinary course, by entrusting the same to the head of the institution or to any authorized person; or

(c) if such person's address elsewhere is known to the Secretary, by sending the same to that address by registered post; or

(d) if none of the aforesaid means are available, by affixing the notice in some conspicuous part of his abode or work place.

(2) It shall not be necessary to name the owner or occupier in the notice, if such notice is regarding any building or land and in the case of joint owners and joint occupiers it shall be sufficient if the notice is served or sent to anyone of such person.

(3) Any bill, notice, order, form, summons, demand notice or other document served or sent under the Act or the rules made thereunder, if so provides that any fee or other sum shall be remitted or any work shall be executed, or anything shall be paid within such period fixed therein, then unless the Act or rules or bye-laws