IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE FRIDAY, THE 15TH FEBRUARY 2008 / 26TH MAGHA 1929 WP(C).No. 4493 of 2008(I) ------------------------- PETITIONER: ------------ VYASA VIDYA NIKETHAN EDUCATIONAL INSTITUTION, ARIYALLUR P.O. TIRURANGADI TALUK, MALAPPURAM DISTRICT REPRESENTED BY THE PRESIDENT MANAGING COMMITTEE N.C.MOHAN,S/O. GOVINDAN NAIR , AGED 49 YEARS, RESIDING AT CHARAMTHODI HOUSE,ARIYALLUR 676 372. BY ADV. SRI.K.T.SHYAMKUMAR SRI.HARISH R. MENON RESPONDENTS: ------------- VALLIKKUNNU GRAMA PANCHAYATH VALLIKKUNNU, TIRURANGADI TALUK MALAPPURAM DISTRICT,REPRESENTED BY ITS SECRETARY. BY ADV. SRI.T.SETHUMADHAVAN SRI.PUSHPARAJAN KODOTH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).No. 4493 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of February, 2008 JUDGMENT This writ petition has been filed by the petitioner, who claims to be the manager of an education institution seeking a direction to the Panchayat to assign door number to the school building constructed by them on the property having an extent of 1 acre and 9 ¼ cents in R.S.No.69/5, Ariyallur village without insisting on any further permit from the revenue authorities. Case of the petitioner is that though in the basic revenue records, the property shown as Nilam, the field reality is that the property is dry land. 2. Today when the case came up for consideration, original of certificate No.64/08 dated 14/02/2008 issued by the Village Officer, Ariyallur was placed before me by the counsel for the petitioner. The certificate is to the effect that property is not under cultivation for about 25 years and that the reclamation of the property in the present manner does not affect the environment in any manner. It is also stated that WPC.No.4493/08 2 none of the natural water sources or streams have been affected on account of the reclamation. I find that the claim of the petitioner that for all practical purposes the property is dry land is correct. Panchayat has in Ext.P8 order only directed the petitioner to produce the permit before the revenue authorities. It is not specifically stated that any reclamation permit under the land utilisation order should be produced. Since the Village Officer also belongs to revenue department, I am of the view that acting on the certificate of the Village Officer, the Panchayat can be directed to assign door number. Under these circumstances, I dispose of the writ petition directing the petitioner to produce the original of Certificate No.64/08 dated 14/02/2008 issued to them by the Village Officer, Ariyallur before the Secretary of the Panchayat immediately. Once that certificate is produced, Panchayat will consider that certificate and assign door number to the school building constructed by the petitioner without delay. PIUS.C.KURIAKOSE JUDGE sv. WPC.No.4493/08 2