Petitioner has approached this Court complaining about the demolition of compound wall constructed by him in his property, which is a school compound. 2. Counter affidavit is filed by the respondent Panchayat indicating that the petitioner did not construct compound wall as such and it was certain stones put up in the Panchayat property encroaching into the road portion. There was no compound wall at all. No permission was also obtained from the Panchayat.
3. The learned counsel for the petitioner submits that the petitioner has already filed a suit for damages against the Panchayat for illegally demolishing the compound wall. That apart, he has filed Ext. P8 application for constructing the compound wall, which came to be rejected by way of Ext. P9 on the ground that this writ petition is pending. Apparently, that is not a ground for the Panchayat to reject a proper application for constructing compound wall, if it is permissible under the provisions of the Panchayat Raj Act or the Rules framed thereunder.
4. Accordingly, the writ petition is disposed of as under:
Ext. P9 is quashed. There will be a direction to the 2nd W.P(C) No. 11943 of 2013 -: 2 :-
respondent to consider Ext. P8 in accordance with the procedure prescribed and pass orders within one month from the date of receipt of a copy of this judgment. Petitioner shall cure all the defects pointed out by the Panchayat in this regard.
Sd/- A.M. Shaffique, Judge.
Tds/