Sheeba vs State Of Kerala

Shaji P.Chaly, J

This writ petition is filed by the petitioner challenging Exhibit P16 order passed by the Secretary of the Njarakkal Grama Panchayat dated 12.9.2018

bearing No.A-13-3954/2018, by which petitioner was informed that the regularisation application submitted by the petitioner in respect of the

unauthorised construction carried out by the petitioner cannot be considered in view of the existing Town Planning Scheme. It was also informed that

the regularisation application can be considered only after receiving permission from the Local Self Government Department, Government of Kerala.

According to the petitioner, Exhibit P16 notice is illegal and arbitrary since the Secretary is vested with powers to consider the application for

regularisation by virtue of the powers conferred under rule 143 of the Kerala Panchayat Building Rules, 2011.

But fact remains even though all the Town Planning Acts were given a go-by by virtue of the provisions of the Kerala Town and Country Planning

Act, 2016, on the basis of section 113 of the Act, 2016, old schemes are protected till new schemes are introduced by the State Government.

Therefore, the contention advanced by the petitioner that consequent to the introduction of the Kerala Town and Country Planning Act, 2016, the

observations contained in Exhibit P16 cannot be sustained, may not have much weight.

Learned counsel for petitioner Sri.Sreekumar G.(Chelur) submitted that in accordance with the directions issued by this Court in a writ petition,

Government is reviewing/replacing/altering the old schemes by virtue of the powers conferred under section 50 of the Act, 2016 and sought liberty to

file objection to Exhibit P16 notice issued by the Secretary of the Grama Panchayath and take part in the proceedings.

After having heard learned counsel for petitioner Sri.Sreekumar G. (Chelur), learned Senior Government Pleader Sri.Surin George Ipe and learned

Standing Counsel Sri.S.Shanavas Khan, this writ petition is disposed of giving liberty to the petitioner to file suitable objection to Exhibit P16 notice

issued by the Secretary of the Grama Panchayath within a period of one month from today, and a decision shall be taken by the Secretary of the

Grama Panchayath within four months from the date of receipt of the objection from the petitioner. It is also made clear that petitioner would be at

liberty to file suitable application/objection before the District Town Planner so as to secure the benefit of any judgment rendered by this Court.