IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE WEDNESDAY, THE 2ND APRIL 2008 / 13TH CHAITHRA 1930 WP(C).No. 11146 of 2008(B) -------------------------- PETITIONER: ------------ THE COUNCIL OF TRUSTEES OF SHRIMATH ANANTHESWAR TEMPLE, MANAJESWAR, KASARAGODE DISTRICT, REPRESENTED BY ITS PRESIDENT. BY ADV. SRI.P.K.VIJAYAMOHANAN SRI.ALAN PAPALI SRI.GILBERT GEORGE CORREYA SRI.NISHIL.P.S. RESPONDENTS: ------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF-GOVERNMENT DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE MANJESWAR GRAMA PANCHAYAT, REPR. BY THE SPECIAL GRADE SECRETARY, MANJESWAR GRAMA PANCHAYAT, MANJESWAR P.O.-671 323, KASARAGODE DISTRICT. BY GOVT. PLEADER SRI.K.J.MOHAMMED ANZAR ADV.SRI.M.V.BOSE, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).No. 11146 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of April, 2008 JUDGMENT The grievance voiced by the petitioner which is the Council of Trustees of Shrimath Anantheswar Temple is that the “Yatri Nivas” which has been constructed by the temple has not been assigned door number by the second respondent Panchayat. The reason for the Panchayat not assigning door number to the Yatri Nivas building was that the construction offends Section 220(b) of the Panchayat Raj Act. Considering the request of the petitioner temple, the Panchayat adopted Ext.P3 resolution deciding to assign door number provided sanction by the Government is received in that regard. By Ext.P4, Ext.P3 has been forwarded by the Panchayat to the Government. Ext.P2 issued by the Deputy Director of Panchayat will show that the Deputy Director has also recommended to the Government for a sympathetic consideration of the petitioner's request which is recommended by the Panchayat. The petitioner's immediate grievance is that the Government has not so far WPC.No.11146/08 2 taken a decision on the request of the Panchayat. The petitioner has recently alerted the Government by filing Ext.P5 comprehensive representation apart from hearing Sri.M.V.Bose. 2. When this writ petition came up for admission, Sri.M.V.Bose, standing counsel, has taken notice on behalf of the second respondent and I have heard the submissions of Sri.P.K.Vijayamohanan, counsel for the petitioner and also Sri.K.J.Mohammed Anzar, Government Pleader who has taken notice on behalf of the first respondent. Having regard to the submissions addressed at the Bar and the various documents placed on record by the petitioner, I am of the view that it is necessary that the Government takes a decision on Ext.P1 as reminded by Ext.P5 in the light of Exts.P2 and P3 at the earliest. Accordingly, I dispose of the writ petition directing the Government to take a decision on Ext.P1 as reminded by Ext.P5 taking into account Exts.P2 letter and P3 resolution and the case of the petitioner before this court that the properties on either side of the road belong to the temple itself and if it becomes necessary , it may be WPC.No.11146/08 3 possible for the temple to facilitate widening of the road by providing sufficient land from the opposite side of the road. Orders as directed above shall be passed by the Government at the earliest and at any rate within two months of receiving a copy of this judgment. PIUS.C.KURIAKOSE JUDGE sv. WPC.No.11146/08 4