Petitioner owns 2.5 cents of land in Nilamel Village. The land of the petitioner is situated within the limits of the first respondent Panchayat. The petitioner constructed the cellar portion of a multi storied building in the said land without obtaining building permit from the Panchayat. Later, she applied to the Panchayat for regularisation of the construction. It is stated that on the application of the petitioner, the Panchayath has regularised the construction and is collecting property tax for the cellar portion of the building from the year 2013 onwards. Later, without obtaining building permit from the Panchayat, the petitioner has constructed two additional floors also to the existing cellar portion of the building. Thereupon, she preferred Ext.P7 application for regularisation of the said additional construction as well. On Ext.P7 application, the petitioner was issued Ext.P9 communication by the second respondent, the Secretary of the first respondent Panchayath, informing her that since the land of the petitioner is shown in the revenue records as “Nilam”, she needs to obtain permission from the competent authority in terms of Act 29 of 2018 for the purpose of seeking regulisaration of the construction. Ext.P9 is under challenge in the writ petition.
