The court emphasizes the necessity for administrative bodies to comply with relevant rules while considering petitions related to building permits.

JUDGMENT

The above Writ Petition has been filed with the following prayers:

“I. To issue a writ of mandamus or other appropriate writs, order or directions declaring that the building constructed by the petitioner in terms of Exhibit -P2 building permit issued by the 3^rd respondent is entitled for the provisions of front average as provided in Rule 26 (4) of the Kerala Panchayath Building Rules, 2019 and it’s Provisos thereunder.

II. To pass an order directing the respondents to dispose of Exhibits P10 and P11 representations lawfully after considering the grounds urged thereunder as well as in this writ petition and also by giving a fair opportunity for hearing the petitioner.

III. Issue such other Writ, Order or Direction that this Honorable Court may deems fit and proper in the nature and circumstances of the case. ”

2. Ext.P8 is the showcause notice issued by the 3^rd respondent. Petitioner submitted Ext.P11 reply to the same. I am of the considered opinion that this Writ Petition need not be entertained. Therefore, there can be a direction to the Panchayat to consider Ext.P11 with notice to the petitioner within a time frame and also to take into consideration, the applicability of Rule 26 (4) of the Kerala Panchayat Building Rules , 2019 while deciding the matter. This Writ Petition is disposed of with the following directions:-

3. The 3^rd respondent is directed to consider Ext.P11 and pass appropriate orders in it after giving sufficient opportunity of hearing to the petitioner as expeditiously as possible at any rate within six weeks from the date of receipt of a certified copy of this judgment.

While deciding the matter, the 3^rd respondent will also consider the applicability of Rule 26 (4) of the Kerala Panchayat Building Rules , 2019. The petitioner will produce a certified copy of this judgment along with a copy of this Writ Petition with exhibits before the 3^rd respondent for compliance.