IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 1ST JULY 2010 / 10TH ASHADHA 1932 WP(C).No. 20498 of 2010(J) ------------------------------- PETITIONER: -------------- JOSE KADUKANMACKAL, S/O.AUGUSTY K.A., PALAVAYAL P.O., CHERUPUZHA (VIA), KASARAGOD DISTRICT. BY MR.M.SASINDRAN, ADVOCATE. RESPONDENTS: ------------------ 1. CHERUPUZHA GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY CHERUPUZHA P.O., KASARAGOD DISTRICT. 2. THE SECRETARY, CHERUPUZHA GRAMA PANCHAYAT, CHERUPUZHA P.O., KASARAGOD DISTRICT. 3. THE CHAIRMAN, STANDING COMMITTEE FOR DEVEOPMENT, CHERUPUZHA GRAMA PANCHAYAT, CHERUPUZHA, KASARAGOD DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.20498 OF 2010 --------------------------------------- Dated this the 1st day of July, 2010. J U D G M E N T The petitioner seeks for a direction to dispose of Exhibit P8 appeal pending before the 3rd respondent Standing Committee for Development of the 1st respondent Panchayath. Mainly it is complained that there is long delay on the part of the respondents in assigning building numbers in respect of the building constructed in the year 2001. 2. It is pointed out that four rooms have been numbered by the Panchayath for which applications have been submitted in the year 2001 itself. The petitioner constructed the ground floor in the year 1979-1980 to which the Panchayath has already assigned number as 28 and 28A of Ward No.9 which was modified as 166 and 167 of Ward No.6 pursuant to the delimitation of the ward. The petitioner completed the construction of four rooms in the first floor which are yet to be numbered. It is upto the 3rd respondent to take a decision in the W.P.(C) No.20498/2010 2 matter after hearing the petitioner also. The objection taken by the Secretary in Exhibit P7 from which Exhibit P8 appeal is filed appears that there is violation of Section 220(b) of the Kerala Panchayath Raj Act. The petitioner points out that going by the proviso to Section 220(b) of the Act, the said limit of 3 metres will not be applicable for the construction of first floor or second floor or both upon a building. This aspect will be considered by the Standing Committee while considering Exhibit P8 appeal. The appeal will be disposed of within a period of one month from the date of receipt of a copy of this judgment, after hearing the petitioner. The petitioner will produce a copy of this judgment along with a copy of the writ petition for compliance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp