The petitioner has filed this writ petition aggrieved by the conditions imposed by Ext.P1. As per Ext.P1, inter alia, the Panchayat has stipulated while granting No Objection Certificate for the construction of a residential building in his property that, the petitioner should not use the same in any manner causing nuisance to the residents of the locality, that he shall not conduct any prayers in the building causing nuisance to the neighbours, that if he were to let it out to anyone else, the same would be done only with the prior permission of the Panchayat and that he should construct only a double storied building. According to the counsel, the Panchayat does not have any power to stipulate such conditions. According to Adv. Peeyus A.Kottam who appears for the petitioner, the Panchayat has no authority to stipulate that the building shall only be used for residential purposes or that the petitioner should not cause nuisance to the neighbours. Of course, the Panchayat has the authority to initiate action if any nuisance is caused or the building used as a place of worship without permission. 2. Adv.P.K.Soyuz appears for the Panchayat. According to the counsel, the stipulation limiting the construction to two storeys has been imposed on the basis of the Government Order that does not permit constructions having an area in excess of 300 sq.mtrs., which is applicable to the petitioner. With respect to the other conditions, it is contended that the right of the petitioner to initiate appropriate action in the event of the petitioner indulging in any action may be left open.
This writ petition is therefore allowed. Condition Nos: 1 to 4 are quashed. With respect to condition No:7, it is ordered that the same shall not prevent the petitioner from seeking permission of the Panchayat in the event of any further construction becoming necessary, in future.
jj /True copy/ Sd/-
K. SURENDRA MOHAN Judge