Dharmadom Paristhithi Samrakshna ... vs The Dharamadom Grama Panchayath on 23 March, 2010
3. As indicated, in terms of Ext.P1 notice, what is
informed to the petitioner is that the application submitted by the
petitioner for building permit has been rejected by the Council of
the first respondent. The authority to deal with applications for
building permit is conferred on the Secretary of the Municipality,
in terms of the provisions of the Kerala Municipality Act, 1994 and
the rules made thereunder. Further, under Section 229B of the
said Act, when an officer of the Municipality is vested with any
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statutory power and function to be independently and solely
exercised by such officer, the Council shall not interfere with or
influence in the exercise of such power or function by the officer.
Needless to say, the Council of the Municipality has no jurisdiction
to deal with the application submitted by the petitioner [see
Dharmadom Paristhithi Samrakshana Samithi v.
Dharmadom Grama Panchayat, 2010 (2) KLT 194].