IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 30TH JULY 2008 / 8TH SRAVANA 1930 WP(C).No. 20122 of 2008(U) -------------------------- PETITIONER: -------------- MANOJ, AGED 39, S/O.KUMURAN, KALLINGAPPURAM, PULLUR P.O., THRISSUR DISTRICT, REP. BY HIS WIFE AND POWER OF ATTORNEY HOLDER, SMT.SMITA, AGED 29, DO. DO. BY ADV. SRI.JOHN NUMPELI (JUNIOR) SRI.P.V.PAULSON RESPONDENTS: ----------------- 1. MURIYAD GRAMA PANCHAYATH, MURIYAD, THRISSUR DISTRICT, PIN-680694, REP. BY ITS SECRETARY. 2. THE SECRETARY, MURIYAD GRAMA PANCHAYATH, MURIYAD P.O., THRISSUR DISTRICT, PIN-680694. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.20122/08 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE PHOTOCOPY OF THE POWER OF ATTORNEY NO.53/2008 OF THE IRINJALAKUDA SUB REGISTRY. EXT.P2: TRUE PHOTOCOPY OF THE SALE DEED NO.832/04 OF IRINJALAKUDA SUB REGISTRY. EXT.P3: TRUE PHOTOCOPY OF THE SALE DEED NO.2410/99 OF IRINJALAKUDA SUB REGISTRY. EXT.P4: TRUE PHOTOCOPY OF the ORDER DT 27.5.2008 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXT.P5: TRUE COPY OF THE PHOTOGRAPHS (4 NOS) SHOWING THE LYE OF THE PETITIONER'S PROPERTY. //TRUE COPY// P.A. TO JUDGE ANTONY DOMINIC, J. =============== W.P.(C) NO. 20122 OF 2008 U ==================== Dated this the 30th day of July, 2008 J U D G M E N T The challenge in this writ petition is against Ext.P4. Ext.P4 is an order passed by the Secretary of the respondent Panchayat on the allegation that since the land in question is classified as nilam in the revenue records, it is not possible to number the building. Petitioner refers to Ext.P5, a photograph of the building from which it is seen that the construction of the building has been completed fully. It is also evident from the photograph that the land in question is a fully developed garden land with yielding coconut and other trees. Therefore, though the land may be classified as nilam in revenue records, factually the land is a fully reclaimed garden land. If that be so for the only reason that it has been described as nilam in the revenue records, it may not be proper to decline to number the building. 2. In view of this, the writ petition is disposed of quashing Ext.P4 and directing that the Panchayat shall reconsider the application made by the petitioner having due regard to the state of affairs as it is prevailing WPC 20122/08 :2 : now. Orders as above shall be passed, as expeditiously as possible, at any rate within 4 weeks of production of a copy of this judgment. ANTONY DOMINIC, JUDGE Rp