IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 13TH AUGUST 2008 / 22ND SRAVANA 1930 WP(C).No. 21769 of 2008(N) -------------------------- PETITIONER: ------------ MARIAMMA JOSEPH, PUTHUSSERIL HOUSE, ATHIRAMPUZHA, KOTTAYAM DISTRICT. BY ADV. SRI.D.KISHORE RESPONDENTS: ------------- 1. THE ATHIRAMPUZHA GRAMA PANCHAYATH, (SPECIAL GRADE), ATHIRAMPUZHA, PIN - 686 562 REPRESENTED BY ITS SECRETARY. 2. THE SECRETARY, ATHIRAMPUZHA GRAMA PANCHAYATH ATHIRAMPUZHA, PIN - 686 562. BY ADV. SRI.RAJESH THOMAS,SC,ATHIRAMPUZHA G.PAN FOR R1-2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = = W.P.(C) No. 21769 OF 2008 N = = = = = = = = = = = = = = = = = Dated this the 13th day of August 2008 J U D G M E N T The delay in assigning building number to a residential building constructed by the petitioner is the subject matter of this writ petition. 2. According to the petitioner, on the strength of Ext. P1 approved plan and permit issued by the respondent Panchayat, a residential building was constructed. After completing the construction, petitioner submitted Ext. P2 completion certificate on 17.1.2008. Thereupon by Ext. P3 she was required to cure certain defects and it is stated that these defects were rectified and a fresh application was submitted along with all supporting documents under cover of Ext. P4. 3. Though Ext. P4 was submitted on 20.2.2008 and the petitioner reiterated her plea before the Panchayat for assigning building number, orders were not passed. According to the petitioner, when she made enquiries she had come to know that the reason for the refusal of the Panchayat to pass orders on Ext. P2 as W.P.(C) No. 21769 OF 2008 -2- revised by Ext. P4, was the allegation that she had constructed a compound wall without obtaining permit. Petitioner submits that this was the subject matter of an appeal before the Tribunal which was disposed of by Ext. P7 directing the Panchayat to consider the application made for its regularisation. It is stated that the proceedings pursuant to Ext. P7 are also pending before the Panchayat. In the meanwhile also as there was no progress on her request for numbering the building pursuant to Ext. P4, this writ petition has been filed. 4. In the counter affidavit filed by the Panchayat, from paragraphs 4 and 5 it would appear that the pendency of the request made by the petitioner for regularisation of the compound wall constructed by her is not the reason for the Panchayat's refusal to pass orders on Ext. P4. According to the Panchayat, there was violation of Rules 25 and 26 of the Kerala Municipality Building Rules which has been made applicable to the area of the Panchayat, in as much as, against the required clearance of 3 metres between the building and the road, the actual clearance left by the petitioner was less by 5 cms. Petitioner submits that coming to know of this defect, she has cured the same by modifying the plastering and thereafter submitted Ext. P8 a fresh plan before the Panchayat. W.P.(C) No. 21769 OF 2008 -3- According to the petitioner once the defects pointed out in paragraphs 4 and 5 of the counter affidavit have been cured and Ext. P8 has been submitted, the objection relied on by the Panchayat no longer survives. 5. From the submissions made by the Panchayat before this Court also, the only reason stated for not passing orders on Ext. P4 is the alleged violation of the building rules referred to above. If as stated by the petitioner, the defect pointed out has been cured by her and Ext. P8 has been submitted there is no reason why the matter should be delayed any further. It is for the Panchayat to take note of Ext. P8, verify the correctness of the same and pass appropriate orders in this matter. 6. The writ petition is therefore disposed of directing that the Panchayat shall verify the correctness of Ext. P8 and if the clearance as required has been provided for by the petitioner, the Panchayat shall number the building without any further delay in this matter. Petitioner shall produce a copy of this judgment before the Panchayat for compliance. ANTONY DOMINIC JUDGE jan/-