The Panchayat Committee lacks jurisdiction to decide on building permit applications, which must be reviewed independently by the Secretary.

JUDGMENT

This writ petition is filed seeking the following reliefs:

“i) Call for the records pertaining to Ext.P6 order of the Respondents and setaside the same by issuing a writ of Certiorari finding that the same is illegal and against the Kerala Panchayat Raj Act .

ii) dispense with filing of the translation of documents in Malayalam produced in the above writ petition as Ext.P4 and Ext.P6.

iii) Pass such other writs, orders or directions as this Hon'ble Court may deems just, fit and necessary in the facts and circumstances of this case. And iv) Allow this Writ petition with cost.”[SIC]

2. The impugned order in this Writ Petition is Ext.P6. It is a communication sent by the Secretary of the Panchayat informing the petitioner that the building permit application is cancelled as per the decision of the Panchayat Committee. The Panchayat Committee has no jurisdiction to consider a building permit application in the light of the principle laid down by this Court in T.M. Hariprasad v. The State Of Kerala , Represented By Chief Secretary and Ors. [2025 Supreme(Ker) 2564] . Therefore, I am of the considered opinion that the impugned order is to be set aside without expressing anything on merit. The Panchayat Secretary has to consider the building permit application in accordance with the law untrammeled by any decision taken by the Panchayat Committee.

Therefore, this Writ Petition is disposed of in the following manner:

1. Ext.P6 is set aside.

2. The Secretary of the 1^st respondent Panchayat will consider the building permit application independently uninfluenced by the decision of the Panchayat Committee, as expeditiously as possible, at any rate, within a period of 30 days from the date of receipt of a certified copy of this judgment.

Sd/-