IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 21ST MARCH 2007 / 30TH PHALGUNA 1928 OP. No. 38949 of 2002(J) -------------------------------- PETITIONER: ------------------ N. SHAKEELA KALAM, AMARIYIL HOUSE, VYRAMKODE P.O. (VIA) THIRUNAVAYA, MALAPPURAM DISTRICT. BY ADV. SRI. K.K. RAVINDRANATH RESPONDENTS: ---------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LOCAL ADMINISTRATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE SECRETARY, THIRUNAVAYA GRAMA PANCHAYATH, THIRUNAVAYA P.O., MALAPPURAM DISTRICT. R1 BY GOVERNMENT PLEADER SMT. K.K. DEEPA R2 BY SRI.P.C. SASIDHARAN THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 21/03/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP. No. 38949 of 2002(J) Order on C.M.P. No. 65549/2002 in O.P. No. 38949/2002 Dismissed. 21.03.2007 sd/- KURIAN JOSEPH, JUDGE. A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF THE SAID CONSTRUCTION AGREEMENT ENTERED INTO BETWEEN THE PETITIONER WITH THE CONTRACTOR. EXT. P2 : COPY OF THE SAID PETITION DATED 12.1.95. // TRUE COPY // P.A. TO JUDGE. smp KURIAN JOSEPH, J. ------------------------------------- O.P. NO. 38949 OF 2002 --------------------------------------- Dated this the 21st day of March, 2007. J U D G M E N T This original petition is filed praying for a direction to the second respondent to number the building of the petitioner. There is already a direction to that effect in C.M.P. No. 65549/2002. The only stand taken in the counter affidavit filed by the second respondent is that the application for numbering was received after the introduction of the new Panchayat Raj Act. Since the petitioner commenced the construction before the introduction of the new Act, the petitioner should be governed by the provisions of the old Act. The number assigned to the petitioner shall be regularized. This original petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp