IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 3RD SEPTEMBER 2008 / 12TH BHADRA 1930 WP(C).No. 25398 of 2008(W) -------------------------- PETITIONER: -------------- T.I.MATHEWS, S/O.ITTIACHAN, THALAKKODAN HOUSE, VALAPPAYA VILLAGE, THRISSUR. BY ADV. SRI.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA RESPONDENTS: ----------------- 1. SECRETARY, AVANOOR GRAMA PANCHAYATH. 2. SOSANNAM, W/O.ANTHONY, THALAKKODAN HOUSE VALAPPAYA VILLAGE, THRISSUR. BY ADV. SRI.P.BHASKARAN FOR R2 SRI.K.N.PADMAKUMAR FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.25398/08 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF PLAINT IN OS NO.95/08 BEFORE THE MUNSIFF'S COURT, THRISSUR. EXT.P2: TRUE COPY OF IA 370/08 IN OS 95/08 FILED BEFORE THE MUNSIFF'S COURT, THRISSUR. EXT.P3: TRUE COPY OF COUNTER FILED BY THE 1ST RESPONDENT IN IA 370/08 IN OS 95/08 BEFORE THE MUNSIFF'S COURT, THRISSUR. EXT.P4: TRUE COPY OF DECISION OF THE 1ST RESPONDENT PANCHAYATH GOVERNING COMMITTEE DT 22.7.2008. //TRUE COPY// P.A. TO JUDGE ANTONY DOMINIC, J. =============== W.P.(C) NO. 25398 OF 2008 W ==================== Dated this the 3rd day of September, 2008 J U D G M E N T The complaint of the petitioner is regarding the refusal of the respondent Panchayat to assign number to a double storied building constructed by him. The reason for this stand of the Panchayat is the pendency of OS 95/08 before the Munsiff's Court, Trichur, filed by the 2nd respondent and behalf of the 1st respondent, it is now confirmed by the counsel that it is the pendency of the suit which stands in the way. 2. On the other hand, the 2nd respondent contends that the resolution of the Panchayat evidenced by Ext.P4 for taking steps to number the building is illegal, for the reason that the construction itself is illegal. He is also submitting that so long as suit is pending, the Panchayat will not be justified in numbering the building. 3. It is true that the 2nd respondent has filed a suit as noticed above, but however, the fact remains that he has not succeeded in obtaining any interim order from the Civil Court restraining the Panchayat from numbering the building. If that be so, I do not think a mere pendency of the suit should stand in the way of the Panchayat and thus WPC 25398/08 :2 : deprive the petitioner from enjoying the benefits of the house that he has constructed. In view of the above, I dispose of this writ petition directing that the Panchayat shall number the building of the petitioner, as decided by it in Ext.P4 resolution, clarifying that the same will be subject to the outcome of OS 95/08 filed by the 2nd respondent and is now pending before the Munsiff's Court,Trichur. ANTONY DOMINIC, JUDGE Rp