IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 19TH AUGUST 2008 / 28TH SRAVANA 1930 WP(C).No. 20085 of 2008(N) -------------------------- PETITIONER: --------------- MARIAMMA THOMAS, W/O.THOMAS JOSEPH, ALANCHERIL HOUSE, VEZHAPRA P.O. KUTTANADU TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.N.RAGHURAJ RESPONDENTS: ----------------- 1. EDATHUA GRAMA PANCHAYATH, EDATHUA P.O ALAPPUZHA DISTRICT, REPRESENTED BY ITS SECRETARY. 2. THE SECRETARY, EDATHUA GRAMA PANCHAYATH, EDATHUA P.O., ALAPPUZHA DISTRICT. 3. THE ASSISTANT EXCISE COMMISSIONER, ALAPPUZHA. BY ADV. SRI.K.S.HARIHARAPUTHRAN FOR R1 & 2 SRI.GEORGE MATHEW FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.20085/08 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE PHOTOCOPY OF THE SALE DEED DATED 5.5.2000. EXT.P2: TRUE PHOTOCOPY OF THE TAX RECEIPT DATED 12/6/2008 ISUED BY THE 3RD RESPONDENT. EXT.P3: TRUE PHOTOCOPY OF THE LICENCE ISSUED TO THE SAID JOSEPH MATHEW IN RESPECT OF T.S.NO.13/2004-05 OF KUTTANAD EXCISE RANGE. EXT.P4: TRUE PHOTOCOPY OF THE APPLICATION DATED 12/6/2008 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXTS OF R1 EXT:R1: TRUE COPY OF THE CERTIFICATE ISSUED BY VILLAGE OFFICER DATED 9/7/2008. //TRUE COPY// P.A. TO JUDGE ANTONY DOMINIC, J. =============== W.P.(C) NO. 20085 OF 2008 N ==================== Dated this the 19th day of August, 2008 J U D G M E N T Petitioner is the owner of a property covered by Ext.P1, having an extent of 8 cents consisting of “chira and chathupu nilam”. According to the petitioner, since 2004-05, a toddy shop has been functioning in a temporary shed that is constructed in the chira portion of the property covered by Ext.P1. However, the temporary structure was not numbered and according to the petitioner, that was not the requirement of the rules governing grant of licence for toddy shops. This year following the change in the Abkari policy which requires that the toddy shops shall be run in buildings which are numbered, it is stated that Ext.P4 application was made to the Panchayat with a request to number the building. Complaining of inaction on Ext.P4, this writ petition was filed with a prayer that number be given to the temporary shed constructed on the property covered by Ext.P1 title deed. 2. Counter affidavit has been filed by respondents 1 and 2, the Panchayat and its Secretary. The objection raised is mainly relying on Ext.R1(A) certificate issued by the Village officer of Edathua Village to the WPC 20085/08 :2 : effect that going by the records, the land in question is a “nilam”. According to the Panchayat, the petitioner has unauthorisedly reclaimed the land in violation of the provisions contained in the Kerala Land Utilization Order and constructed the temporary shed. 3. The averments made by respondents 1 and 2 in the counter affidavit has been denied by the petitioner in the reply affidavit that is filed. According to the petitioner, the land remains as it was originally purchased by her and that the structure has been there for the last several years. Learned counsel for the petitioner has also made available before me series of photographs showing the building and also the yielding coconut trees that are planted at the site in question. 4. From the averments in this writ petition and the photographs that are made available by the counsel for the petitioner,it would appear that though the nomenclature used in the revenue records may indicate that the land in question is nilam, in fact, a portion of it is a chira as is described in Ext.P1, with yielding coconut trees. It is in that portion of the land that the structure in question has also been made. It is also seen from Ext.P3 licence issued for the period from 2004-05 that licence has been granted in respect of the very same premises. WPC 20085/08 :3 : 5. In view of this factual position, I see no justification to decline the relief to the petitioner purely guided by the description of the property as contained in the revenue records. The writ petition is therefore disposed of directing that the Secretary of the Panchayat shall inspect the building in question and if it is found that the same is constructed in the chira mentioned in Ext.P1 title deed, the building shall be numbered ignoring the description of the property in the revenue records. ANTONY DOMINIC, JUDGE Rp