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2022 Supreme(Ker) 63

SHAJI P.CHALY
Chekkotty, S/o. Kanaranveluthedath House – Appellant
Versus
Perambra Grama Panchayath Represented By Its Secretary – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.SHYAM PADMAN, SRI.C.M.ANDREWS, SRI.P.T.MOHANKUMAR, SMT.BOBY M.SEKHAR, KUM.LAYA MARY JOSEPH
For the Respondent: SRI.P.C.SASIDHARAN, SRI.K.M.FAISAL, SRI.S.K.ADHITHYAN

JUDGMENT :

This writ petition is filed by the petitioner challenging Exhibit P10 order passed by the Tribunal for Local Self Government Institutions, Thiruvananthapuram in Appeal No.401/2014 dated 11th July, 2016, whereby the appeal filed by the 3rd respondent herein was allowed and the impugned order passed by the Secretary of the Perambra Grama Panchayat -1st respondent issued under Section 235W (3) of the Kerala Panchayat Raj Act 1994 directing the 3rd respondent to demolish a hut was set aside, holding that for construction of a hut, no permit is required otherwise than as provided under section 235P of the Kerala Panchayat Raj Act, 1994. It was also held that no permit is necessary in the matter of construction of a hut as provided under rule 10(xii) of the Kerala Panchayat Building Rules, 2011. It is thus challenging the legality and correctness of the order, the writ petition is filed.

2. Petitioner has a basic contention that in the appeal before the Tribunal, petitioner was not made a party and that the petitioner was a necessary party in the said proceedings since the complaint before the Secretary was filed by him. The necessary facts for the disposal of the writ petition

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