IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 9TH JUNE 2010 / 19TH JYAISTHA 1932 WP(C).No. 11383 of 2010(W) -------------------------- PETITIONER(S): --------------- KAKKADIYIL JOSEPH,S/O.OUSEPH, AGED 76 YEARS,RESIDING AT SREEKANDAPURAM AMSOM KAITHAPRAM DESOM,TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.R.SURENDRAN RESPONDENT(S): --------------- 1. THE SECRETARY,SREEKANDAPURAM GRAMA PANCHAYATH,SREEKANDAPURAM.P.O,TALIPARAMBA TALUK, KANNUR DISTRICT. 2. SREEKANDAPURAM GRAMA PANCHAYATH, SREEKANDAPURAM.P.O,TALIPARAMBA TALUK, KANNUR DISTRICT,REPRESENTED BY THE SECRETARY. SHRI P.NARAYANAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.11383/2010-W ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 9th day of June, 2010 J U D G M E N T The petitioner prays for a mandamus directing the respondents to number the buildings constructed on the first floor and second floor of the buildings bearing Nos.SP/IX/626, SP/IX/627, SP/IX/628, SP/IX/629 and SP/IX/630 and to assess the same to property tax in accordance with law, within such time that this honourable court may deem proper to fix. 2. The petitioner purchased 3 cents of land in Re- survey No.80/3 of Sreekandapuram amsom. He completed construction of a 5 room building in the year 1984. At that point of time, construction was undertaken without obtaining any plan or permit from the Panchayat in the absence of the Rules. The rooms constructed were assessed to property tax as evidenced by Exts.P2 and P2(a) building tax receipts. 3. In the year 2005-06, the petitioner started additional construction to the existing building on the first and second floors. It is pointed out that the same was completed also. According to the petitioner, the provisions of Section 220(b) of the Kerala Panchayat Raj Act are not attracted for the completion of the first and W.P.(C). No.11383/2010 -:2:- second floors of the building. Later, an application Ext.P3 was filed for allotting building number to the newly constructed rooms which was not acted upon by the Panchayat. 4. Then further disputes arose. The petitioner had to approach the Civil Court by filing O.S.No.438/2006 seeking for prohibitory injunction restraining the respondents from demolishing the petitioner's building. It is pointed out that the suit stands decreed in favour of the petitioner as per Ext.P4, and Ext.P5 is the Judgment in the said suit. Appeal is pending from the Judgment and Decree as A.S.No.56/2008 before the Sub Court, Payyannur. In the meanwhile, as the numbering of the building and assessment of property tax have not been completed, this writ petition is filed seeking for various reliefs. 5. Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for respondent Nos.1 and 2. The learned Standing Counsel for the respondents submitted that the Decree and Judgment has not become final and the appeal is pending before the Sub Court. It is pointed out that constructions have been effected after demolishing the existing building and, therefore, provisions under Section 220(b) of the Kerala Panchayat Raj Act will be attracted. The learned counsel further contended that the road in question is a District road and, therefore no notification is required. W.P.(C). No.11383/2010 -:3:- 6. In this writ petition, as the main issue is pending before the Civil Court, I am not venturing to go in detail into the disputed aspects as the same will prejudice the rights of the parties in the Civil Suit. The Panchayat has taken a stand that in the light of the fact that the construction is not in tune with Section 220(b) of the Kerala Panchayat Raj Act, they are not liable to number the building. Since the said issue is now pending adjudication before the Civil Court, to enable the petitioner to get the electricity connection, on a provisional basis, the numbering of the building can be made. 7. In that view of the matter, there will be a direction to the Panchayat to number the building in accordance with the relevant Rules on the basis of Ext.P3 application. Appropriate action will be taken within a period of two weeks from the date of receipt of a copy of this Judgment. It is made clear that the above action will be subject to the outcome of the appeal pending as A.S.No.56/2008 before the Sub Court, Payyannur. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms \\TRUE COPY// P.A TO JUDGE