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2019 Supreme(Online)(KER) 7142

HIGH COURT OF KERALA
BEEPATHU – Appellant
Versus
RAMANTHALI GRAMA PANCHAYATH – Respondent


Advocates:
['SRI M P MOHAMMED ASLAM', 'SRI M V AMARESAN', '', 'SRI PHILJO VARUGHESE PHILIPS', 'L RAJESH NARAYAN', 'SRI BABU KARUKAPADATHSMT M A VAHEEDA BABUSRI K M FAISAL KALAMASSERYSMT V R LAKSHMISRI AVINASH P RAVEENDRANSRI J VISHNU DEVARAJ']

The petitioner has approached this Court seeking that Ext.P5

building permit granted to respondents 3 and 4 be set aside, since it

violates the provisions of the Kerala Panchayat Raj Act and the Kerala

Panchayat Building Rules (KPB Rules); with an alternative plea that the 2nd

respondent - Secretary of the Grama Panchayat be directed to take

necessary action against the said respondents under Rules 19 and 20 of

KPB Rules and demolish the alleged unauthorised construction forthwith.

2. When this matter was called today, there was no representation

for the petitioner nor was she present in person and the record shows that

this was the situation even when this matter was listed earlier. I am,

therefore, constrained to dispose of the matter in the absence of the

petitioner.

3. Smt.Vaheeda Babu, learned counsel appearing for respondents 3

and 4, submitted that the writ petition is not maintainable since the

challenge to a validly issued Building Permit cannot be entertained by this

Court, while acting under Article 226 of the Constitution of India,

3

particularly because the petitioner has an alternative, efficacious,

statutory remedy of appro

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