The legal principle established is that regulations concerning building constructions must be assessed based on the notification status of adjacent roads at the time of construction.

JUDGMENT

A commercial building was constructed by the late husband of the petitioner in a property owned by him. She says that the construction was completed twelve years prior to the filing of this writ petition and that therefore, the building was constructed without the requirement of a building permit under the Kerala Panchayat Building Rules ('the Rules' for brevity) since such Rules were not applicable to the Panchayat during or after the construction.

2. The petitioner says that the Rules came into force only with effect the year 2011 and that therefore, the building could not have been treated as being irregular by the Panchayat. According to her, however, this was what exactly the Panchayat has done. She says WPC 16692/15 2 that the Panchayat has now refused to number the building on the ground that the said building offends Section 220B of the Kerala Panchayat Raj Act ('the Act' for brevity). The order of the Panchayat, which is impugned in this writ petition, alleging that the petitioner has violated the aforementioned section, has been produced as Exhibit P3.

3. I have heard Sri.Shoby K.Francis, the learned counsel for the petitioner, the learned Standing Counsel for first and second respondents and the learned Government for the third respondent.

4. The pleadings of this case are slightly incongruous because on one hand, the petitioner says that she is not governed by the Rules on the ground that it had not been notified when the construction was complete, but on the other, the petitioner has admittedly preferred Exhibit P1 application for regularisation. She asserts that the building is regular and legal but still WPC 16692/15 3 made an application for regularisation under the provisions of the Act. When the petitioner was asked as to why she had done this, she responds through her counsel that she has done it by way of abundant caution because the Panchayat was refusing to number the building and she, therefore, thought that better sense would prevail upon them if, at least, she makes an application for regularisation.

5. The provisions of Section 220B of the Act prohibits any construction of a building or structure other than a compound wall abutting a National Highway, State High Way, District Road or any other roads notified by the Village Panchayat within a distance of three metres from the boundary of the land to the said road. Obviously the rigor of Section 220B would apply only if the land abutting the petitioner's property is one that is notified by the Village Panchayt. Therefore, the core of the adjudication will be as to whether the petitioner's WPC 16692/15 4 property abuts a road notified by the Village Panchayat.

6. The petitioner has filed a document on record as Exhibit P7 to show that the road which is abutting his property, namely, Palakkayam-Cheenikapara, is not one that has been notified by the Village Panchayat. The refutation of this, the respondents have placed on file Exhibit R1(d), which is the minutes of the Panchayat committee, wherein certain roads notified by the Village Panchayat have been shown. However, it is obvious therefrom that the road which is abutting the petitioner's property has not been included therein. Since the document is very clear, I do not think that the respondents can now speak against it and say that the road which is abutting to the petitioner's property is also included therein because obviously it does not. This is essentially a question of fact and prima facie, from the records available before me, I think the petitioner has a case that the road abutting her property is not a road WPC 16692/15 5 notified by the Village Panchayat. If that be so, then the construction would not require even to be regularised.

7. However, I am not choosing to enter into a conclusive finding on these issues because I think this is best to be left to the authorities under the Statute. The best authority for this purpose would obviously be the Panchayat committee, namely the first