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HIGH COURT OF KERALA
MOHAMMED NIAS C.P., J
P.S VARGHESE – Appellant
Versus
THE GRAMA PANCHAYAT OF CHENNERKARA – Respondent
WP(C) 34950/2023
Panchayat Building Rules - Kerala Panchayat Building Rules, 2011 - Rule 23(2) - The court directed the Panchayat to pass final orders on the petitioner's application for regularization of a building that did not meet the minimum distance requirement from the road, as per Rule 23(2) of the Kerala Panchayat Building Rules, 2011.
Fact of the Case:
The petitioner challenged an order by the Panchayat refusing to assign a building number to his structure, citing insufficient distance from the road as per Rule 23(2) of the Kerala Panchayat Building Rules, 2011. The petitioner claimed the structures were put up prior to the rules coming into force, but could not provide evidence. The petitioner later filed an application for regularization, which the Panchayat referred to the Tahsildar for measurement to determine the distance from the road.
Finding of the Court:
The court directed the Panchayat to pass final orders on the petitioner's application for regularization after receiving the measurement report from the Tahsildar, and to do so within three months.
Issues: Whether the petitioner's structures were built prior to the Kerala Panchayat Building Rules, 2011 coming into force, and whether the Panchayat should regularize the building despite the insufficient distance from the road as per Rule 23(2).
Ratio Decidendi: The court did not make a definitive finding on whether the structures were built prior to the rules coming into force, as the petitioner could not provide evidence. However, the court directed the Panchayat to consider the regularization application after receiving the measurement report, as the Panchayat had the discretion to regularize the building despite the infraction of Rule 23(2).
Final Decision: The writ petition is disposed of with a direction to the Panchayat to pass final orders on the petitioner's application for regularization within three months.
The petitioner initially preferred the writ petition challenging Ext.P7, an order passed by the Panchayat in his application for assigning a building number, which was refused on the ground that the minimum distance left between the road and the building is insufficient or in other words, for infraction of Rule 23(2) of the Kerala Panchayat Building Rules , 2011. Though the petitioner contended that the structures were put up prior to the coming into force of the , 2011, there is no material to substantiate the same. The petitioner submits that he had preferred Ext.P9 application before the Panchayat seeking regularisation, on 08.04.2024.
2. The learned Standing Counsel appearing for the Panchayat submits that on receipt of the regularisation application, the Panchayat had referred the application to the Tahsildar concerned, to take out the measurement, possibly to find out the distance between the road and the building in question. The learned Standing Counsel further submits that on receipt of the same, a decision can be taken on the application submitted by the petitioner for regularisation. This is recorded.
3. Accordingly, the writ petition is disposed of directing respondents 1 and 2 to pass final orders on Ext.P9 application submitted W.P.(C) No. 34950 OF 2023 by the petitioner for regularisation with notice to him, after receipt of the sketch showing measurement sought for by the Panchayat. This shall be done, as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment.
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