IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 26TH JUNE 2008 / 5TH ASHADHA 1930 W.P(C) No. 17915 of 2008 (G) ------------------------------------ PETITIONER: -------------- LICY, D/O.THOMAS CHELATTU HOUSE W/O.RAJU, AGED 40 YEARS, ELANGIYIL HOUSE KUMALY KARA, KUMALY VILLAGE, IDUKKI DISTRICT. BY ADV. SRI.A.C.DEVASIA RESPONDENTS: ------------------ 1. KUMILY GRAMA PANCHAYAT,REPRESENTED BY ITS SECRETARY, GRAMA PANCHAYAT OFFICE, KUMALY, KUMALY VILLAGE, PEERUMADU TALUK, IDUKKI DISTRICT. 2. SHINE,S/O. VARGHESE, AGED ABOUT 35 YEARS VADAKKEVAZHUTHANAPPARA HOUSE, KUMALYKARA PEERUMADU TALUK, IDUKKI DISTRICT. BY ADV. SRI. SHANAVAZ KHAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = W.P.(C) No. 17915 OF 2008 - G = = = = = = = = = = = = = = = Dated this the 26th June 2008 J U D G M E N T In this writ petition Ext. P6 order is under challenge. By Ext. P6 the request of the petitioner for assigning number to the building constructed by him has been declined by the Panchayat for the reason that a civil suit concerning the property where the building has been constructed is pending. Counsel for the petitioner submits that though there is a suit as O.S. No. 21/07 pending before the Sub Court, Kattappana, the said suit filed by the father of the 2nd respondent against the petitioner has no relevance in so far as the request for assignment of building number is concerned. 2. If as stated by the counsel for the petitioner, the dispute which is the subject matter of the suit has no relevance in so far as the request for numbering the building is concerned, the pendency of the suit cannot be a reason for declining the prayer of the W.P.(C) No. 17915 OF 2008 -2- petitioner. However, that is a matter for the Panchayat to consider first. Since Ext. P6 was issued without putting the petitioner on notice petitioner also did not have an opportunity to explain this factual position to the Panchayat. For that reason Ext. P6 will stand quashed and it is directed that the respondent Panchayat shall reconsider the request made by the petitioner and if for any reason, the request is not likely to be favourably considered, the petitioner shall be given an opportunity of hearing before any adverse decision is taken. 3. Writ petition is disposed of as above. Petitioner shall produce a copy of this judgment before the 1st respondent for compliance. ANTONY DOMINIC JUDGE jan/-