fact that there is violation of the Building Rules. The Secretary was directed to issue a proper confirmation order under Section 235 W (3) of the Kerala Panchayat Raj Act, after hearing the parties. This, according to the learned counsel for petitioner, is not the right approach to be taken in the matter. When there is a dispute between the parties regarding the question as to whether the road in question is a public road or a private way. It has to be considered by the local authority taking into consideration the asset register maintained by it and other particulars that are made available. It is relevant to note that one Mr.George John, who is the neighbour of the petitioner, has given an agreement in writing stating that he has no objection in the petitioner constructing the shed in that area and the road in question leads to the house of Mr.George John. The Tribunal rejected the said agreement by forming an opinion that it is a subsequent document. Even if it is a subsequent document, when there is a consent in writing by Mr.George John, it has to be considered at its face value and it was not proper for the Tribunal to have rejected the said material.
