ANTONY DOMINIC
Dharmadom Paristhithi Samrakshna Samithi – Appellant
Versus
Dharamadom Grama Panchayath – Respondent
1. The issue raised in these writ petitions are connected, and therefore, the cases were heard and are disposed of by this common judgment.
2. For convenience, I shall make reference to the facts as pleaded in WP(C) No.15755/09.
3. The 2nd respondent is a Company incorporated under the Companies Act. The 2nd respondent submitted an application to the 1st respondent Panchayat for obtaining a building permit for the construction of a multi storied apartment complex. By Ext.P1 resolution, the Panchayat Committee in its meeting held on 25/4/2008 resolved not to grant permit applied for on the ground that if the project is allowed to come up, that will increase the water shortage in the area.
4. Contrary to Ext.P1, the Secretary of the Panchayat issued Ext.P2 building permit on 13/5/2008. Subsequently, Panchayat passed Ext.P4 resolution to cancell Ext.P2 building permit and on that basis, the Secretary then in office issued a communication to the 2nd respondent. Aggrieved by the aforesaid proceedings initiated at the instance of the Panchayat, the 2nd respondent filed Appeal No.172/09 before the Tribunal for Local Self Government Institutions. The Tribunal heard the appeal an
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