The Secretary of a Panchayat must independently consider building permit applications without committee influence.

JUDGMENT

This Writ Petition (C) is filed seeking the following reliefs:

" i. Issue a Writ of Certiorari or other appropriate writs, Orders or order directions to call for the records leading to Exhibit P-5 and to quash the same.

ii. Issue a writ of Mandamus or other appropriate writs, orders or direction commanding the 2^nd respondent to consider the application for building permit strictly in accordance with the provisions of the Kerala Panchayat Building Rules 2019 untrammeled and uninfluenced by the decision taken by the committee of the Grama Panchayat or the Sub Committee constituted by the Panchayat, as expeditiously as possible at any rate within a time frame to be fixed by this Hon’ble Court in the interest of justice;

iii. Issue a writ to declare that Exhibit P-5 communication and the decision of the committee of the Grama Panchayat referred therein are ex-facie illegal, irregular arbitrary and without jurisdiction."

[SIC]

2. Petitioners are husband and wife, and they are the absolute owners in possession of a parcel of land in Nelluvay village in Kunnamkulam taluk. They decided to construct a residential house on that property. They preferred a building permit application. The same is rejected as per Ext.P5. The grievance of the petitioner is that the statutory authority to consider the building permit application is the Secretary of the Panchayat. This court in a similar situation, set aside the order of the Secretary of the same Panchayat and directed it to reconsider. Ext.P5 is an order passed after Ext.P7 judgment is the submission.

Hence, it is submitted that Ext.P5 is unsustainable.

3. Heard counsel for the petitioners and the Standing Counsel appearing for the Panchayat.

4. This Court perused Ext.P5 order. A perusal of the same would show that the matter is referred to the Panchayat Committee by the Secretary and decision is taken based on the decision of Panchayat Sub Committee. This Court in Ext.P7 judgment observed like this:

“6. It is elementary that, the Secretary of a Panchayat has to take a decision on the application for development permit independently, and not under the dictation or direction of the Panchayat Committee or a superior officer. It is evident from the counter affidavit of the 2nd respondent that, he has issued Ext.P5 communication based upon a resolution of the Panchayat. Since the Panchayat Committee is not empowered to consider an application for issuance of a development permit, such a resolution and a consequent direction to reject the application is legally not proper. Therefore, I find Ext.P5 cannot be sustained legally. 7. Hence, the communication dated 29.12.2022, produced as Ext.P5 is hereby quashed. The 2nd respondent shall consider the application for grant of development permit submitted by the petitioner afresh untrammelled by the resolution of the Panchayat. It is clarified that, I have not entered any findings on the merits of the matter and has interfered with Ext.P5 solely on the ground of the decision having been taken under the direction of the Panchayat Committee. A decision as directed above shall be taken within a period of 30 days from the date of receipt of a copy of this judgment.

Writ petition is disposed of as above.”

5. The same principle is applicable here also. I am of the considered opinion that the Secretary of the Panchayat has to consider the matter independently, uninfluenced by the decision of the Panchayat Committee.