The Kerala High Court has held that a village panchayat does not have the authority to suo motu review or cancel a building permit validly issued by the Panchayat Secretary. Justice C.S. Dias, referring to Rules 9, 13 and 14 of the Kerala Panchayat Building Rules and the Kerala Panchayat Raj Act, observed that the jurisdiction to decide an application for a building permit rests solely with the Panchayat Secretary.
The Court clarified that only when the Secretary fails to approve or disapprove an application within 15 days does the Panchayat get jurisdiction to decide the application, and that too only upon a written request by the applicant. It emphasized that the statute expressly bars the Panchayat, its President, or its members from interfering with the statutory powers conferred on its officers, reflecting a clear separation of powers between the Panchayat and the Secretary.
In the case before the Court, the petitioner, a school manager, had obtained a building permit from the Panchayat Secretary to construct a compound wall. However, the Panchayat Committee later suo motu cancelled the permit. When the petitioner sought review, the Committee rejected the application, leading to a challenge before the High Court.
Relying on Section 185B of the Kerala Panchayat Raj Act, 1994, the Court held that the Panchayat Committee’s interference was without jurisdiction and in violation of statutory provisions. Consequently, it quashed the Committee’s decision cancelling the permit as well as the order rejecting the review application.
The Court revived the building permit granted by the Secretary, giving the petitioner liberty to proceed with the construction of the compound wall. It further directed the 8th respondent, the Sub-Inspector of Police, to provide police protection to ensure that the construction is carried out without obstruction.
Picture Source :
