The secretary of a Grama Panchayat holds exclusive statutory power to grant or cancel building permits under the Kerala Panchayat Raj Act and Building Rules; a Panchayat Committee lacks jurisdiction to interfere with or override these powers.

JUDGMENT

This writ petition is filed with following prayers:

i. Issue a Writ of Certiorari or other appropriate writs, Orders or Directions to call for the records leading to Exhibits P8 and P10 decisions of the 1st and 2nd respondents respectively and to quash the same;

ii. Issue a Writ to declare that Exhibit P8 and P10 decisions taken by the 1st and 2nd respondents respectively are vitiated by the violation of principles of natural justice.

iii. To dispense with the production of English Translation of Malayalam Exhibits produced along with the Writ Petition in the interest of justice;

iv. Render such other orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.

(SIC)

2. Petitioner is the absolute owner in possession of

33.46 Ares of dry land located in Chiranellur in Kunnamkulam Taluk within the jurisdiction of the 2nd respondent Grama Panchayat is the submission. Ext.P3 building permit was issued to him for the purpose of construction of a residential house. For the construction, ordinary earth has to be removed and permission was also granted for the same by the 5^th respondent is the submission. However, there was an objection from the local people and they preferred complaint before the local authority. Subsequently the 4^th respondent, who is the Committee of the Panchayat decided to cancel the building permit. Since the building permit is issued by the Secretary of the Panchayat, the Committee has no authority to cancel the same is the contention of the petitioner, and therefore, the petitioner filed W.P.(C). No.9648 of 2025. This Court stayed that order on 11.03.2025 for a period of three months. It is submitted that due to an omission, the interim order was not extended and taking advantage of the same, a resolution was forwarded to the 1^st respondent is the further submission. Originally the 1^st respondent stayed the order and forwarded the same to the Tribunal for Local Self Government Institutions. The Tribunal submitted a report before the 1^st respondent. Based on the same, without giving an opportunity of hearing to the petitioner, Ext.P8 order was passed, vacating the stay is the grievance of the petitioner, and consequently, Ext.P10 order was passed by the Panchayat. Aggrieved by the same, this writ petition is filed.

3. Heard the learned counsel for the petitioner and the learned Government Pleader. I also heard the learned Standing Counsel for the Panchayat.

4. The main contention of the petitioner is that, once a building permit is issued by the Secretary of the Panchayat, the same can be cancelled or removed only by the Secretary of the Panchayat, in the light of Rule 16 of the Kerala Panchayat Building Rules, 2019. Now, as per a decision taken by the Panchayat, the building permit is cancelled. Now the Government, after getting a report from the Tribunal for Local Self Government Institutions, vacated the stay order as far as the decision of the Panchayat is concerned, without giving an opportunity of hearing to the petitioner. I am of the considered opinion that the Government should reconsider the matter and the Government also should decide whether the Panchayat Committee has any power to cancel a building permit issued by the Secretary. This Court in Dharmadom Partisthithi Samrakshana Samithi Vs. Dharmadom Grama Panchayat [2010 (2) KLT 194] observed like this:

“7. However, I am not in a position to agree with the learned counsel for the petitioners. Although under S.166 of the Kerala Panchayat Raj Act, among the powers, duties and functions of the Panchayat, regulation of building constructio