IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 8TH AUGUST 2008 / 17TH SRAVANA 1930 WP(C).No. 21945 of 2008(K) -------------------------------------- PETITIONER: ------------------ LAWRANCE, DIOCESAN TREASURER & ATTORNEY, C.S.I TRUST ASSOCIATION, SOUTH KERALA DIOCESE, CHURCH OF SOUTH INDIA, BY ADV. SRI.R.T.PRADEEP SRI.SAJAN PRASAD RESPONDENT: --------------------- ELAMPALLOOR GRAMA PANCHAYATH, REP. BY ITS SECRETARY, ELAMPALLOOR, GRAMA PANCHAYATH ELAMPALLOOR. BY ADV. SRI.B.MOHANLAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ ANTONY DOMINIC, J ----------------------------------------------------------- W.P.(C).No.21945/2008 ----------------------------------------------------------- Dated this the 8th day of August, 2008 JUDGMENT The controversy in this writ petition is regarding the assignment of building number in respect of a structure allegedly having plinth area of 2000 sq.ft. constructed by the petitioner. 2. It is stated that on the strength of Ext.P3 permit, petitioner completed the construction of a shopping complex and that, at a later point of time, he applied for assignment of number and also for renewal of the building permit. According to the petitioner an application for a permit to construct a compound wall was also made. It is stated that by Ext.P11, on the allegation that the petitioner had encroached into the public property and requiring him to get the boundary fixed, the applications made were rejected. WP(c).No.21945/2008 2 According to the petitioner, in pursuance to Ext.P11, though he made an application for fixation of boundary to the Village Officer, in view of the delay involved, he approached this court and filed WP(c).No.29151/2007. That writ petition was disposed of by Ext.P13 judgment with the following directions. “i. The respondent Panchayat will assign provisional door numbers to the four more rooms which have now been constructed by the petitioner within three weeks of the petitioner making available a copy of this judgment before the Panchayat. ii. The petitioner is directed to take steps to have boundary between his property and the public road fixed by measurement by competent revenue/survey authorities. The measurement should be done with notice to the Panchayat also. Once measurement is conducted and the sketch is received fixing the boundary between the properties, the Panchayat will consider that sketch and then take up the WP(c).No.21945/2008 3 representation submitted by the petitioner seeking permission to put up boundary wall and will issue orders on the basis of the boundary fixed as per the measurement.” 3. Petitioner submits that the matter is still pending with the revenue authorities and in the meantime, on the strength of Ext.P3 he proceed with the construction of the first floor and according to him a structure having an area of 2000 sq.ft has already been constructed. It is stated that, though he applied for assignment of number in respect of a newly constructed portion of the building, that was not responded by the Panchayat. It is in these circumstances the writ petition has been filed. 4. Panchayat on the other hand takes the stand that the regularisation of the provisional number already assigned to the ground floor and further numbering of the first floor can only be done after the direction No.2 in Ext.P13 judgment is complied with. But then the petitioner has a contention that he has already taken up the matter WP(c).No.21945/2008 4 with the revenue authorities and that the matter is pending before them. According to him, he should not be penalised for reasons beyond his control. This justification of the petitioner cannot be said to be unreasonable, not only on account the pendency of the matter with the revenue authorities, which is beyond his control, but also for the further reason that there is no time limit fixed in Ext.P13 judgment. 5. Therefore, now that the construction of the first floor, the dimension of which of course is disputed by the Panchayat, is completed, there is no reason why, at least on provisional basis the building shall not be numbered as otherwise, petitioner will not be able to profitably utilise the area. Accordingly, I dispose of this writ petition with the following directions i. The Panchayat shall inspect the structure constructed by the petitioner on the first floor of the building and assign WP(c).No.21945/2008 5 the number to the same on a provisional basis as they have done for the ground floor of the building. ii. It is directed that the direction No.2 in Ext.P13 judgment shall be complied with by the petitioner, at any rate within 3 months from today and further continuance of the provisional arrangement ordered in Ext.P13 and in this judgment will depend upon the production of satisfactory document fixing boundary as directed by this court in Ext.P13. iii. Provisional numbering of the building shall be completed as expeditiously as possible and at any rate within 2 weeks from the date of production of a copy of the judgment. Petitioner shall produce a copy of the judgment before the Panchayat for compliance. ANTONY DOMINIC JUDGE vi. WP(c).No.21945/2008 6