IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE ACTING CHIEF JUSTICE MR.KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 16TH MARCH 2009 / 25TH PHALGUNA 1930 WA.No. 634 of 2009() -------------------- APPELLANT(S): PETITIONER ------------------------ PUSHPAKUMARI, W/O.K. SASIDHARAN, ERAPURATH HOUSE, POST KARUMATHRA, TALAPPILLY TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.BHASKARAN RESPONDENT(S): --------------- 1. THEKKUMKARA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, POST, THEKKUMKARA, TALAPPILLY TALUK, PIN - 680 608, THRISSUR DISTRICT. 2. THE SECRETARY, THEKKUMKARA GRAMA PANCHAYATH, POST THEKKUMKARA, PIN - 680 608, THRISSUR DISTRICT. SRI.K.B.MOHANDAS, S.C. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 16/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH, Ag.C.J. & S.S.SATHEESACHANDRAN, J. ---------------------------------------------- W.A. No.634 of 2009 ---------------------------------------------- Dated 16th March, 2009. J U D G M E N T Kurian Joseph, Ag.C.J. Appellant is the petitioner in the writ petition. She is aggrieved since her newly constructed building is not numbered by the Panchayat. According to the Panchayat, the construction has been made in violation of Section 220(b) of the Kerala Panchayat Raj Act, without leaving 3 meters space between the PWD road and the petitioner's building. Learned counsel for the appellant submits that the appellant is prepared to demolish the objectionable portion of her building. We find from the judgment that the learned Single Judge has issued a direction to the Panchayat to number the building as and when the offended portion of the building is removed by the petitioner/appellant. We make it clear that the respondents shall demarcate the objectionable portion of the building within one month from today and the portion thus marked as objectionable will be demolished by the appellant. Thereafter, the building of the appellant will be WA NO.634/09 2 numbered by the respondents within another one week. We further make it clear that the demarcation shall be made in the presence of the appellant and in case the appellant has any objection with regard to the demarcation, it will be open to her to pursue the same in appropriate proceedings. The Writ Appeal is disposed of as above. KURIAN JOSEPH, Acting Chief Justice. S.S.SATHEESACHANDRAN, Judge. tgs KURIAN JOSEPH, Ag.C.J. & S.S.SATHEESACHANDRAN, J. ---------------------------------------------- W.A. No.634 of 2009 ---------------------------------------------- J U D G M E N T Dated 16th March, 2009.