The grievance of the petitioner who is the owner in possession of 12.5 cents of property comprised in Re-survey Nos.195/5 and 198/8 of Mulavukadu village is regarding the delay in the matter of consideration of application for regularisation of a construction effected without obtaining permit from the respondents. The petitioner has submitted an application for regularisation of the said construction which essentially, is an additional construction. Ext.P4 is the receipt evidencing the submission of the said application. Essentially, it is an application under Section 135 of the Kerala Panchayat Building Rules. Section 134 of the Kerala Panchayat Raj Act empowers the Secretary of the concerned Panchayat to regularise such constructions subject to the conditions thereunder. Obviously, the petitioner did not move the competent authority. In the said circumstances, this writ petition is disposed of leaving the petitioner at liberty to move the competent authority viz., the first respondent with appropriate petition for regularisation of the construction within a period of two weeks from today. In case the petitioner files such an application within two weeks WP(C).No.31820/2013 2 from today before the first respondent the same shall be considered by the said respondent and shall pass appropriate orders thereon in accordance with law and expeditiously, at any rate, within a period of one month from the date of receipt of copy of the said application. Needless to say that the petitioner shall be afforded with an opportunity of being heard prior to the consideration of the said application. If the application filed by the petitioner's wife for regularisation and which resulted in Ext.P18 intimation is a proper application which can be maintained under Section 135 of the Kerala Panchayat Building rules and if it is still pending consideration it will be open to the petitioner to move a representation for its consideration, without filing a specific application. In any event, the issue shall be considered by the Secretary of the 3rd respondent Panchayat in accordance with law. It is made clear that this Court has not made any observation as to the merits of the claim of the petitioner or his entitlement for getting regularisation of the construction.
Sd/-
C.T.RAVIKUMAR Judge TKS