A blind petitioner is allowed to regularize alleged unauthorized construction due to lack of justification for removal notice.

J U D G M E N T

The petitioner is stated to be a blind person, as evidenced by Ext.P1 disability certificate. He is stated to be conducting a fruits/dairy products business. Ext.P2 is the licence issued by the 2^nd respondent Secretary. The petitioner states that though the fruits etc., are stored inside the shop room, during day time, they are exhibited in the veranda of the building. However, the 2^nd respondent has issued Ext.P5 notice, essentially alleging that the petitioner has covered the veranda using shutters and this, according to the 2^nd respondent, is an unauthorised construction, which is required to be removed. It is seeking to challenge Ext.P5 issued as above that the petitioner is before this Court.

2. Heard Smt.Neeraja, the learned counsel, representing Sri.C.P.Peethambaran, the learned counsel for the petitioner, as well as the learned Standing Counsel for the respondent Panchayat.

3. While admitting the writ petition on 16.02.2023, the operation of Ext.P3 was stayed and later on 06.03.2023, the stay order was extended until further orders.

4. In my opinion, with respect to a small shop like the one considered in Ext.P5, there is no justification in issuing a notice directing removal of the alleged construction noticed therein. In any event, the petitioner ought to have been granted an opportunity for regularising the alleged unauthorised construction. The learned counsel for the petitioner states that the petitioner is ready and willing to seek regularisation of the afore construction.

In such circumstances, this writ petition would stand disposed of, permitting the petitioner to submit an application seeking regularisation of the afore construction within a period of four weeks from the date of receipt of a copy of this judgment. If such an application is being filed by the petitioner, the respondent Panchayat to consider the same and pass orders thereon, within a period of four months thereafter. Till decision is taken as above, the operation of Ext.P5 would remain stayed, as already ordered by this Court.

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