IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 18TH MAY 2010 / 28TH VAISAKHA 1932 WP(C).No. 32271 of 2009(D) ---------------------------------------- PETITIONER: ---------------------- SHAJAHAN, S/O.MOHAMMED KUNJU, KOTTOOR KIZHAKKETHIL, P.V.SOUTH, EDAKULANGARA, KARUNAGAPPALLY. BY ADV. SRI.K.I.SAGEER RESPONDENTS: -------------------------- 1. THODIYOOR GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, THODIYOOR P.O., PIN-690568. 2. PANCHAYATH COMMITTEE, THODIYOOR GRAMA PANCHAYATH, REPRESENTED BY ITS PRESIDENT, THODIYOOR P.O., PIN-690568. 3. TALUK SURVEYOR, TALUK OFFICE, KARUNAGAPPALLY. ADV. SRI.S.SUDHEESHKAR FOR R1 SRI. MUHAMMED T.T., GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 32271 of 2009(D) APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1: TRUE COPY OF THE PROPERTY TAX RECIPT DATED 2/3/2009. EXHIBIT P2: TRUE COPY OF THE PERMIT DATED 12/3/2008 GRANTED TO THE PETITIONER BY THE 1ST RESPONDENT. EXHIBIT P3: TRUE COPY OF THE COMPLETION CERTIFICATE ON 15/3/2009 TO THE PETITIONER. EXHIBIT P4: TRUE COPY OF THE COMMUNICATION DATED 9/7/2009 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. EXHIBIT P5: TRUE COPY OF THE COMMUNICATION FROM ADDL. TAHSILDAR, KARUNAGAPPALLY DATED 6/8/2009. EXHIBIT P6: TRUE COPY OF THE COMMUNICATION DATED 16/9/2009 FROM THE 1ST RESPONDENT TO THE PETITIONER. EXHIBIT P7: TRUE COPY OF THE PETITION SUBMITTED AGAINST WARD MEMBER OF PETITIONER'S PANCHAYATH IN O.P.(ELE) NO.49/2007 BY THE PETITIONER. EXHIBIT P8: TRUE COPY OF THE COMPLAINT DATED 23/10/2009 BEFORE THE OMBUDSMAN FOR LOCAL SELF GOVERNMENT SUBMITTED BY THE PETITIONER. RESPONDENTS' EXHIBITS: EXHIBIT R1(a): THE TRUE COPY OF THE ORDER NO. A3.14/09 DATED 1/12/2009. TRUE COPY P.A. TO JUDGE scm K.T. SANKARAN, J. --------------------------- W.P(C). No. 32271 of 2009 ------------------------------------- Dated this the 18th day of May, 2010 J U D G M E N T The petitioner is the owner of 1.11 Ares of property in Survey No.189/8 of Thodiyur Village. The petitioner constructed a building in the property. The reliefs prayed for in the Writ Petition are the following: i) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondent Nos.1 and 2 to number the building and issue necessary orders in this regard to the petitioner forthwith. ii) Issue such other appropriate writ, order or direction as this Hon’ble Court deems fit and proper in the facts and circumstances of the case. 2. When the Writ Petition came up for admission on 13/11/2009, the following order was passed: “Notice. There will be interim order as prayed for. However, the numbering will be provisional and subject to the result of this writ petition.” 3. The learned counsel appearing for the petitioner as well as the learned counsel appearing for the first respondent W.P(C). No. 32271 /2009 2 submitted that the building was numbered and that the interim order was complied with. The learned counsel appearing for the first respondent also submitted that there is no case for the first respondent that the building should not be numbered. The learned Government Pleader submitted that the building was not numbered as the boundary was not clear. Subsequently, Taluk Surveyor demarcated the boundary. The Panchayath was not satisfied with the said demarcation and the Panchayath filed an appeal before the District Survey Superintendent. The learned Government Pleader also submitted that the appeal filed by the Panchayath was dismissed. 4. In the circumstances mentioned above, as the interim order was complied with and no change need be made in the present position, no further orders are necessary in the Writ Petition. The Writ Petition is accordingly closed. K.T. SANKARAN, JUDGE scm