IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 4TH DECEMBER 2008 / 13TH AGRAHAYANA 1930 WP(C).No. 26854 of 2008(V) -------------------------- PETITIONER(S): --------------- SAJEEV DAVIS.K., KAREDAN HOUSE, MELOOR P.O., VIA.CHALAKUDY. BY ADV. SRI.BABU CHERUKARA RESPONDENT(S): --------------- 1. SPECIAL GRADE SECRETARY, MELOOR GRAMA PANCHAYAT, MELOOR P.O., VIA.CHALAKUDY. 2. MELOOR GRAMA PANCHAYAT, MELOOR P.O. VIA.CHALAKUDY, REPRESENTED BY THE SECRETARY. ADV. SRI.V.A.MUHAMMED FOR R1 & 2 SRI.K.E.HAMZA FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/12/2008 ALONG WITH W.P.(C) NO.28686 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 26854 of 2008 EXT.P1: COPY OF THE DOCUMENT NO.425/1/2007 DTD 18.1.2007 OF CHALAKUDY SUB REGISTRY. EXT.P2: COPY OF THE DOCUMENT NO.746/1/2007 DTD 2.2.2007 OF CHALAKUDY SUB REGISTRY. EXT.P3: COPY OF THE ORDER IN O.P.NO.181/2003 DATED 10.3.2003 OF THE HON'BLE HIG COURT OF KERALA. EXT.P4: COPY OF THE ORDER NO.A3 148/03 DATED 27.3.2003 ISSUED BY R1. EXT.P5: COPY OF JUDGMENT IN O.P.NO.181/2003 DTD 10.10.2006 OF THE HON'BLE HGIH COURT OF KERALA. EXT.P6; COPY OF THE APPLICATION DTD 22.5.2007 BY THE PETITIONER TO THE RESPONDENT. EXT.P7: COPY OF THE OWNERSHIP CERTIFICATE DTD 31.3.2003 ISSUED BY R1. EXT.P8: COPY OF THE RESIDENTIAL CERTIFICATE DTD 11.3.2004 ISSUED BY R1 TO THE PETITIONER. EXT.P9: COPY OF THE ORDER DTD 24.5.2008 NO.A3-148/03 BY R1. EXT.P10: COPY OF THE DECISION DTD 4.3.2008 BY THE RESPONDENT PANCHAYAT BEARING NO.X/22. EXT.P11: COPY OF THE DECREE IN O.S. NO.102/01 DATED 18.1.2008 OF THE SUB COURT, IRINJALAKUDA. EXT.P12: COPY OF THE INTERIM ORDER IN I.A.NO.2067/08 IN A.S.NO.132/2008 OF THE ADDL. DIST. COURT, THRISSUR. EXT.P13: COPY OF THE LOCATION SKETCH ISSUED BY THE VILLAGE OFFICER MELOOR, DTD 18.3.2008. R1'S EXHIBITS EXT.R1(a): COPY OF THE ROUGH SKETCH OF THE PROPERTY. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------------------- W.P.(C)Nos.26854 & 28686 OF 2008 -------------------------------------------- Dated this the 4th day of December, 2008 JUDGMENT In these two writ petitions the same petitioner challenges orders of the respondents whereby for numbering the petitioner’s building, which had been constructed in accordance with law, the petitioner has been directed to produce sketch and plan of a pathway and property and the application for transfer of ownership in the records of the Panchayat has not been allowed for the same reason. The petitioner’s contention is that there is no requirement of law obliging the petitioner to do the same and therefore the Panchayat is bound to number the building of the petitioner and transfer ownership of the building in the records of the Panchayat in so far as the Panchayat ha no case that the construction of the building is in violation of any law. 2. The contention of the Panchayat is that in respect of a dispute between the Panchayat and the petitioner regarding encroachment into the Panchayat properties, a suit has been W.P.(c)No.26854/08 & Con.case 2 decreed in favour of the Panchayat and therefore they apprehend that if they themselves number the building and mutate the building in the name of the petitioner, the petitioner may take it as an admission that the petitioner has not encroached into any pancahayt property. 3. I am of opinion that this apprehension can be allayed by making it clear that numbering of the building will not prejudice the contention of the Panchayat that the petitioner has encroached into the Panchayat properties. In the above circumstances, these writ petitions are disposed of with a direction to the respondents to number the petitioner’s building without prejudice to the contentions of the Panchayat that the petitioner has encroached into the properties of the Panchayat and their right to evict the petitioner from the encroached properties. Applications submitted for transfer of ownership shall also be considered and orders passed subject to the same conditions. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.26854/08 & Con.case 3