JUDGMENT :

Petitioner and his wife hold an item of land at Mukkunnimala within the limits of the first respondent Panchayat. They preferred an application before the Panchayat for building permit to put up a residential building in the said land. The Kerala Panchayat Building Rules, 2011 (2011 Building Rules) was in force at the time when the petitioner preferred the application. The land of the petitioner is situated within 100 meters of an establishment of the Indian Air Force. In terms of Rule 7(5) of the 2011 Building Rules, in the case of an application for construction of building within a distance of 100 meters from any property maintained by the Defence Establishments, the Secretary of the Panchayat is required to consult in writing the officer in charge of the establishment and required to consider the objections, if any, of the officer also while considering the application for building permit. In the light of the said Rule, the Secretary of the Panchayat sought the No Objection Certificate of the second respondent, the Chief Administrative Officer of the Air Force Station, Shangumugham, under whose jurisdiction the establishment of the Indian Air Force at Mukkunnimala fal