Nirmalyam Residency Hotels Pvt. Ltd. v. Alankode Grama Panchayat
2012-08-06
ANTONY DOMINIC
body2012
DigiLaw.ai
JUDGMENT Antony Dominic, J. 1. Heard the learned counsel for the petitioner and also the leaned counsel appearing for the respondents. 2. Briefly stated, the facts of the case are that, on the strength of Ext.P1 permit issued by the 1st respondent Panchayat, petitioner completed the construction of a hotel building. Even during the stage of construction, complaints were made by the 3rd respondent and finally he moved the Ombudsman for Local Self Government Institutions, which by Ext.P4 order directed the Secretary to take further action on Ext.P5 complaint of the 3rd respondent. It appears that accordingly the Secretary inspected the building and thereafter on noticing that no irregularity was committed in the construction, assigned number to the building in question in terms of the provisions contained in Section 235 of the Kerala Panchayat Raj Act. Thereupon 3rd respondent filed Ext.R3 (3) appeal to the Committee of the Panchayat seeking cancellation of the building number. The Committee entertained the appeal and passed an order of stay of the steps taken by the WPC.No.15483/12 :2 : Secretary to number the building. 3. At that stage, petitioner approached this Court by filing WP(C) No. 13174/12. That writ petition was disposed of by Ext.P11 judgment directing the petitioner to file his objections to the appeal and that if such an objection is filed, the 1st respondent shall decide on the maintainability of the appeal as a preliminary issue. Accordingly, petitioner filed his objections, parties were heard and by Ext.P14 and Ext.R1(1), the Panchayat held the appeal maintainable before it. This order was passed overruling the objection of the petitioner that the appeal could have been filed only before the Tribunal in view of Rule 151 of the Kerala Panchayat Building Rules, 2011. In this writ petition, petitioner challenges Ext.P14 mainly contending that the appeal was not maintainable in view of Rule 151 of the Building Rules. 4. Ext.R3(3) is the memorandum of appeal filed by the 3rd respondent before the 1st respondent. The prayer in Ext.R3(3) is to cancel the number assigned to the building constructed by the petitioner. Assignment of building number is done by the Secretary of the Panchayat in terms of Section 235 of the Kerala Panchayat Raj Act. Section 276 of the Kerala Panchayat Raj Act WPC.No.15483/12 :3 : provides for appeal and revision.
The prayer in Ext.R3(3) is to cancel the number assigned to the building constructed by the petitioner. Assignment of building number is done by the Secretary of the Panchayat in terms of Section 235 of the Kerala Panchayat Raj Act. Section 276 of the Kerala Panchayat Raj Act WPC.No.15483/12 :3 : provides for appeal and revision. Section 276(1) provides that an appeal shall lie to the Panchayat against the notice issued or order passed or action taken by the President or Secretary in exercise of the powers conferred under the Act, Rules, bye-laws or regulations made thereunder except Sections 235I, 235J, 235N, 235W and 235X. 5. As already noticed by me earlier, assignment of number to a building is done by the Secretary in terms of Section 235. A reading of Section 276(1) shows that action taken under Section 235 is appealable to the Panchayat since it does not fall under any of the exempted categories. 6. In so far as Rule 151 of the Building Rules is concerned, that Rule provides that, any person aggrieved by an order passed by the Secretary may submit an appeal to the Tribunal for Local Self Government Institutions. Obviously the order passed by the Secretary must be one under the Rule, and in so far as this case is concerned, the action taken by the Secretary does not fall under any of the provisions of the Rules. 7. In sum and substance, the assignment of building number is under Section 235 of the Kerala Panchayat Raj Act and WPC.No.15483/12 :4 : an appeal against such an order lies to the Panchayat as provided under Section 276(1). Therefore, I do not see anything objectionable in Ext.P14 warranting interference in this writ petition. 8. Needless to say that, having regard to the nature of the controversy, 1st respondent shall dispose of Ext.R3 (3) appeal with notice to the parties concerned and as expeditiously as possible, at any rate within 6 weeks of production of a copy of this judgment. Writ petition is disposed of as above.