IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 13TH FEBRUARY 2009 / 24TH MAGHA 1930 WP(C).No. 8882 of 2008(G) ------------------------- PETITIONER(S): --------------- PUSHPAKUMARI, WIFE OF K.SASIDHARAN ERAPURATHA HOUSE, P.O.KARUMATHRA TALAPPILLY TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.BHASKARAN RESPONDENT(S): --------------- 1. THEKKUMKARA GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, P.O. THEKKUMKARA PIN 680608, THRISSUR DISTRICT. 2. THE SECRETARY THEKKUMKARA GRAMA PANCHAYATH P.O. THEKKUMKARA, PIN 680608, THRISSUR DISTRICT. ADV. SRI.K.B.MOHANDAS FOR R1 SRI.LELLULAL T.G.THUNDATHIL FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.8882 of 2008 ================== Dated this the 13th day of February, 2009 J U D G M E N T The petitioner filed this writ petition seeking a direction to the 1st respondent to number the petitioner's newly constructed building. The petitioner's contention is that the construction started much prior to the implementation of the Building Rules in the panchayat and therefore, the Kerala Building Rules are not applicable to the petitioner's building. The respondents have filed a counter affidavit in which it is stated that the construction is in violation of Section 220(b) of the Kerala Panchayat Raj Act,1994, in so far as the petitioner has not left 3 meters space between the PWD road in front of the petitioner's building and the building. It is not disputed before me that the distance between the petitioner's building and the PWD road is less than three meters. That being so, the petitioner cannot seek numbering of the building until the offending portion of the building is removed. Therefore, this writ petition is disposed of with a direction to the Panchayat to number the building as and when the offending portion of the building is removed by the petitioner. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2