IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 4TH MARCH 2010 / 13TH PHALGUNA 1931 WP(C).No. 37170 of 2009(M) -------------------------- PETITIONER(S): --------------- JOHNY.A.D, AGED 48, S/O.DEVASSY, AYAKKADAN HOUSE, PULLUR.P.O, IRINJALAKUDA. BY ADV. SRI.A.BALAGOPALAN SRI.SOJO J.KALLIDUKIL SRI.R.RAJESH SRI.RAJAGOPAL G. RESPONDENT(S): --------------- MURIYAD GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, MURIYAD, PULLUR.P.O, IRINJALAKUDA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.37170 of 2009 (M) --------------------------------- Dated, this the 4th day of March, 2010 J U D G M E N T The petitioner submits that he purchased a property as per Ext.P1 sale deed and that he made an application to the respondent Panchayat for issuing a building permit. Accordingly, he was issued Ext.P4 building permit, on the strength of which he constructed the building. Thereafter he submitted an application dated 19/09/2009 requesting the Panchayat to number the building. On the application so made, the Panchayat has now passed Ext.P7 order rejecting his request. It is challenging Ext.P7, the writ petition is filed. 2. The main reason stated in Ext.P7 for rejecting the request is that the petitioner did not produce order from the Revenue Divisional Officer issued under the provisions of the Kerala Land Utilisation Order permitting the petitioner to reclaim the land. The main contention raised by the learned counsel for the petitioner is that the land is a garden land and therefore, the demand for WP(C) No.37170/2009 -2- production of order under the provisions of the Kerala Land Utilisation Order is illegal. However, what is seen is that in Ext.P4, the building permit granted, one of the conditions imposed by the Panchayat was that the building number for the proposed building shall be allotted only after the submission of KLU order from the Revenue Authorities. Therefore, the very grant of permit was subject to the aforesaid condition and hence the construction undertaken by the petitioner is subject to this condition. If that be so, the Panchayat cannot be faulted for demanding that the petitioner should produce order passed under the provisions of the Kerala Land Utilisation Order, as a condition for numbering the building. For that reason, I see nothing illegal in Ext.P7. The writ petition fails and is accordingly dismissed. (ANTONY DOMINIC, JUDGE) jg