IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 19TH FEBRUARY 2008 / 30TH MAGHA 1929 WP(C).No. 29151 of 2007(U) -------------------------- PETITIONER: ------------ LAWRANCE, DIOCESAN TREASURER & ATTORNEY, C.S.I. TRUST ASSOCIATION, SOUTH KERALA DIOCEASE, CHURCH OF SOUTH INDIA. BY ADV. SRI.R.T.PRADEEP RESPONDENTS: ------------- ELAMPALLOOR GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, ELAMPALLOOR GRAMA PANCHAYATH. BY ADV. SRI.P.K.VIJAYAMOHANAN SRI.P.S.PRADEEP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE, J. ---------------------------------- W.P.(C) NO. 29151 of 2007 ---------------------------------- Dated this the 19th day of February , 2008 JUDGMENT The learned counsel for the petitioner agrees that the pursuant to the interim orders dated 11.10.2007 and 19.10.2007, 16 shop rooms have already been assigned provisional numbers by the Panchayat. According to the counsel, four more shop rooms have been completed and the Panchayat should be directed to number those shop rooms also. 2. Sri.P.K.Vijayamohan, the learned standing counsel for the Panchayat submits that in view of the interim orders directing numbering of 16 shop rooms, the Panchayat may not be seriously opposed to numbering the four shop rooms presently constructed. But, regarding prayer No.'2' the Panchayat is having objection. According to them, permit can be issued in respect of the construction of the boundary wall only after proper measurement of the property is conducted and the boundary between the petitioner's property and the public road is correctly fixed. 2. I feel that the stand of the Panchayat is reasonable. Under WPC No.29151/2007 2 the above circumstances, I dispose of this writ petition issuing the following directions: i). The respondent Panchayat will assign provisional door numbers to the four more rooms which have now been constructed by the petitioner within three weeks of the petitioner making available a copy of this judgment before the Panchayat. ii). The petitioner is directed to take steps to have boundary between his property and the public road fixed by measurement by competent revenue/survey authorities. The measurement should be done with notice to the Panchayat also. Once measurement is conducted and the sketch is received fixing the boundary between the properties, the Panchayat will consider that sketch and then take up the representation submitted by the petitioner seeking permission to put up boundary wall and will issue orders on the basis of the boundary fixed as per the measurement. PIUS C. KURIAKOSE, JUDGE. dpk WPC No.29151/2007 3