IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE WEDNESDAY, THE 9TH APRIL 2008 / 20TH CHAITHRA 1930 WP(C).No. 4478 of 2008(G) ------------------------- PETITIONER: ------------ K.T.MOHAMOOD,AGED 65 YEARS, S/O.ABDULLAKUTTY HAJI, CHALAKKANDY HOUSE CHERUVADI P.O., KOZHIKODE. BY ADV. SRI.AVM.SALAHUDIN RESPONDENTS: ------------- 1. KODIYATHUR GRAMA PANAHCYATH REPRESENTED BY ITS SECRETARY, VIA MAVOOR, KOZHIKODE. 2. SECRETARY, KODIYATHUR PANCHAYATH KOZHIKODE DISTRICT. BY ADV.SMT.T.V.NEEMA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/04/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE,J. ----------------------------------- W.P.(C)No.4478 OF 2008 ----------------------------------------------------- DATED THIS THE 9TH DAY OF APRIL, 2008 J U D G M E N T Panchayat enters appearance through Smt.T.V.Neema and files a counter affidavit. Heard Shri A.V.M.Salahuddeen and Smt.T.V.Neema. The petitioner is challenging Exhibit P1 order of the Panchayat whereby the petitioner's request for numbering a building constructed by him was declined. The reason mentioned in Exhibit P1 for declining the petitioner's request is that the construction does not maintain the statutorily required distance of 3 meters from the plot boundary to the boundary of the road abutting which the plot is situated. Drawing my attention to Rules 60, 62 and 63 of the Kerala Municipality Building Rules, 1999, Mr.Salahuddeen, learned counsel for the petitioner submitted that the petitioner's plot is a small plot coming under Chapter VIII of the Kerala Municipality Building Rules and therefore the statutory minimum set back is only 2 meters and the width of the front yard is only 1.80 meters. Referring to Exhibit P4 sketch, Mr.Salahuddeen submitted that in between the W.P.(C)No.4478/08 -2- petitioner's property and the road, a strip of land belonging to the Government is also situated and actually, the petitioner's plot does not abut the road, but it abuts only the Government purambokku. Certain photographs were also produced before me by him and those photographs, prima facie, show that the claim of the petitioner is correct. 2. Under the above circumstances, I quash Exhibit P1 and direct the Panchayat to take a fresh decision on Exhibit P3 after affording a hearing opportunity to the petitioner. The fresh decision to be taken by the Panchayat will address the contentions based on the provisions in Chapter VIII of the Kerala Municipality Building Rules. Fresh decision as above shall be taken, in any event, within two months of receiving a copy of this judgment. In the meanwhile, in view of the merits, prima facie noticed in the petitioner's claims, there will be a direction to the Panchayat to assign a provisional door number to the petitioner's building, subject to the outcome of the fresh decision to be taken pursuant to this judgment. Provisional door number as ordered above shall be assigned within 10 days of receiving a copy of this W.P.(C)No.4478/08 -3- judgment. The petitioner is permitted to raise all the grounds raised in this writ petition and other available contentions before the Panchayat. The writ petition is disposed of as above. PIUS C.KURIAKOSE, JUDGE. dsn