IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 6TH SEPTEMBER 2011 / 15TH BHADRA 1933 WP(C).No. 23082 of 2011(I) ------------------------- PETITIONER : --------------------- K.P. SREEKUMAR, S/O. PARAMESWARAN PILLAI, SANTHI BHAVAN, THURUTHIKKARA.P.O, KUNNATHOOR-690 540 KOLLAM. BY ADVS. SRI.PIRAPPANCODE V.S.SUDHIR SRI.T.K.ANANDA KRISHNAN SRI.JELSON J.EDAMPADAM RESPONDENT(S): ------------------------- 1. THE PRINCIPAL SECRETARY, LOCAL SELF DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-1. 2. KUNNATHOOR GRAMA PANCHAYATH, KUNNATHOOR.P.O, KOLLAM DIST., REP. BY SECRETARY - 690 540. 3. VILLAGE OFFICER, KUNNATHUR VILLAGE, KUNNATHUR EAST.P.O, KOLLAM DIST., PIN - 690 540. 4. THE MANAGING DIRECTOR, KERALA STATE CONSUMER FED, ERNAKULAM-16. R1 & R3 BY GOVT. PLEADER SRI. G. GOPAKUMAR R2 BY ADVS. SRI.P.B.SURESH KUMAR, SENIOR ADVOCATE SRI.K.N.SASIDHARAN NAIR SRI.M.SUNIL SMT.BABITHA THAMBI SRI.LEO GEORGE R4 BY ADV. SRI.M.SASINDRAN, SC, CONSUMERFED THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 23082 of 2011(I) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE ORDER NO. 734/09-10 DATED 6.11.2009 ISSUED BY THE 2ND RESPONDENT. EXT.P2 : COPY OF THE CONSENT DEED DATED 28.7.2011 GIVEN BY THE PETITIONER. EXT.P3 : COPY OF THE LETTER DATED 9.8.2011 SUBMITTED BY THE PRESIDENT, KUNNATHUR GRAMA PANCHAYAT TO THE 4TH RESPONDENT TO ACCORD SANCTION OF A CONSUMER TRIVENI STORE. EXT.P4 : COPY OF THE REPRESENTATION DATED 19.8.2011 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P5 : COPY OF THE LOCATION CERTIFICATE ISSUED BY THE VILLAGE OFFICER, KUNNATHUR. EXT.P6 : COPY OF THE REPRESENTATION DATED 20.8.2011 SUBMITTED BY THE PETITIONER BEFORE THE HON'BLE MINISTER FOR LOCAL SELF GOVERNMENT. EXT.P7 : COPY OF THE COMPLIANCE CERTIFICATE NO. 3759/11 DATED 20.8.2011 ISSUED BY THE VILLAGE OFFICER, KUNNATHUR FOR PRODUCING BEFORE THE 2ND RESPONDENT. EXT.P8 : COPY OF THE PEITION DATED 22.8.2011 PRODUCED BY THE PETITIONER ALONG WITH EXT.P7 BEFORE THE 2ND RESPONDENT. EXT.P9 : COPY OF THE APPROVED PLAN, ISSUED BY THE SECRETARY OF THE PANCHAYAT. EXT.P10 : COPY OF THE LETTER DATED 19.8.2011 ISSUED BY SRI. THANKAPPAN IRAVI, MEMBER OF THE GRAMA PANCHAYAT TO THE SECRETARY. RESPONDENT'S EXHIBITS: EXT.R2(a) : COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER TO THE PANCHAYAT DATED 16/8/2011. EXT.R2(b) : COPY OF THE REPORT SUBMITTED BY THE OVERSEER OF THE PANCHAYAT DATED 19/8/2011. //TRUE COPY// P.S. TO JUDGE Mn HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO.23082 OF 2011 ------------------------------- DATED THIS THE 6TH DAY OF SEPTEMBER, 2011 JUDGMENT This writ petition is filed for a direction commanding the 2nd respondent to forthwith number the shop building of the petitioner constructed and completed in accordance with Ext.P1 permit and for other incidental reliefs. 2. Petitioner constructed a shop room, after obtaining Ext.P1 permit. The construction was completed. After completion of the building, the petitioner approached the Secretary of the Panchayat requesting him to number the building. The Secretary rejected the request stating that the petitioner had not left out 3 metres distance from the staircase to the PWD road. Petitioner admitted that there is a shortage of 20 cms. from the staircase to the PWD road. According to the petitioner, he has subsequently rectified the defect by making necessary changes in the staircase portion and that the distance from the staircase to the PWD road at -2- W.P.(C).No.23082/2011 present is 3 metres. The Village Officer issued Ext.P7 certifying that the distance between the staircase and PWD road is 3 metres. Petitioner had agreed to lease out he building to the Consumerfed for running Triveni Maveli Store. Petitioner submits that notwithstanding lhe fact that he made changes in the staircase portion and thus complied with the Building Rules, the Secretary of the Panchayat is not numbering the building without any justifiable reason. According to the petitioner, the delay in numbering the building will lead to cancellation of the proposal to start the Triveni Maveli Store. Petitioner submitted Ext.P7 certificate issued by the Village Officer and subsequently Ext.P8l petition stating that he has complied with the requirements under the Building Rules. In the circumstances, the petitioner requested the Secretary of the Panchayat to number the building. In the aforesaid facts and circumstances of the case, the Panchayat Secretary shall consider the request of the petitioner for numbering the building. Before considering the request of the -3- W.P.(C).No.23082/2011 petitioner, the Secretary or other officials of the Panchayat may inspect the site and ascertain the distance between the staircase and the PWD road, within ten days from today, and if it is found that the distance between the PWD road and the building of the petitioner is 3 metres, the Secretary shall forthwith number the building of the petitioner. Writ Petition is disposed of as above. Sd/- HARUN-UL-RASHID, Judge. kcv.