The petitioner has constructed a two storied commercial building in her property situate in Ward No.4 of Kuzhimanna Grama Panchayat. After the construction was over, she was issued with Exts.P1 and P2 Residential/Ownership certificates. Thereafter, the petitioner applied for electric connection to her building. However, by Ext.P3, the 1st respondent has directed to demolish certain portions of building on the allegation that the said portions are unauthorised constructions. The petitioner has challenged Ext.P3 in Appeal No.605/2013 before the Tribunal for Local Self Government Institutions, Thiruvananthapuram. The order has also been stayed by the Tribunal. In the above circumstances, the 1st respondent has by the impugned proceedings, cancelled the petitioner's ownership and residential certificates. The said order is Ext.P5. Thereupon, the petitioner submitted Ext.P6 representation to the 1st respondent seeking withdrawal of the said proceedings. However, the request of the petitioner has been rejected. The petitioner has filed this writ petition challenging the said action of the 1st respondent Panchayat.
2. According to Adv.Sri.T.K.Ajithkumar, who appears for the petitioner, because of the impugned proceedings, the petitioner has not been able to put her building to any useful purpose, till date.
W.P.(C) No.17629 of 2014 2 Though she has constructed the same, expending money, the same is lying idle. She therefore, seeks the issue of appropriate directions to at least provisionally occupy the said rooms.
3. Though notice in this writ petition was served on the respondents, there is no appearance. Therefore, I am not in a position to ascertain the stand of the respondents.
4. Having heard the learned counsel appearing for the petitioner, what emerges is that, action has been initiated against the construction put up by the petitioner on the allegation that the same is unauthorised. Against the said order, the petitioner has approached the Tribunal for Local Self Government Institutions. The appeal is still pending. The petitioner has been granted a stay of demolition of her construction. It is in the above circumstances that, by the impugned proceedings, Exts.P1 and P2 has been cancelled. Since the allegation is that the petitioner has made unauthorised construction, it is certainly within the rights of the Panchayat to refuse the grant of residential or ownership certificates to the same. Issue of such certificates would have to depend on the decision to be taken by the Tribunal for Local Self Government Institutions in the appeal that is pending. Until the appeal is finally disposed of, there is no justification for permitting the petitioner to use the building that has been constructed. Therefore, I am not inclined to grant any of the reliefs sought for.
W.P.(C) No.17629 of 2014 3 In the above view of the matter, this writ petition is dismissed, but without prejudice to the rights of the petitioner to seek a variation of Ext.P5 from the 1st respondent in the event of the Tribunal deciding in favour of the petitioner. The petitioner shall be at liberty to move the Tribunal for an expeditious disposal of the appeal.
Sd/-
K.SURENDRA MOHAN, JUDGE.
AV