IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 2ND DECEMBER 2011 / 11TH AGRAHAYANA 1933 WP(C).No. 28669 of 2011(G) --------------------------------------- PETITIONER: ------------------- KHADEEJA,W/O.LATE MOOSA,CHIKOTHAYIL HOUSE,PALLAM,DESAMANGALAM,THRISSUR DISTRICT. BY ADVS. SRI.P.V.KUNHIKRISHNAN, SRI.P.V.ANOOP. RESPONDENTS: ------------------------ 1. DESAMANGALAM GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY,P.O.DESAMANGALAM, THRISSUR-679 532. 2. STATE OF KERALA,REPRESENTED BY SECRETARY, LOCAL SELF GOVERNMENT INSTITUTIONS,TRIVANDRUM, PIN-695 001. R1 BY ADV. SRI.P.C.SASIDHARAN, R2 BY GOVT. PLEADER SMT. P. MAYA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/12/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.28669/2011-G: APPENDIX PETITIONER'S EXHIBITS:- EXT.P1: A COPY OF THE ASSIGNMENT DEED EXECUTED BY HARIDASAN IN FAVOUR OF MOOSA,THE HUSBAND OF THE PETITIONER DATED 1.11.1980 OF WADAKKANCHERRY SUB REGISTRY OFFICE. EXT.P2: A COPYOF THE LAND TAX RECEIPT FOR THE YEAR 2011-2012 ISSUED IN THE NAME OF PETITIONER DT:28.6.2011. EXT.P3: A COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICE,DESAMANGALAM DATED 29.6.2011. EXT.P4: A COPY OF THE BUILDING TAX RECEIPT SHOWING THE PAYMENT OF BUILDING TAX FOR THE PERIOD FROM 2009-2011-12 DATED 5.9.2011. EXT.P5: A COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER TO THE IST RESPONDENT DATED 29.6.2011. EXT.P6: A COPY OF THE ORDER OF THE IST RESPONDENT DATED 11.10.11 ISSUED TO THE PETITONER. EXT.P7: A PHOTOGRAPH SHOWING THE EXISTING BUILDING AND THE WAY IN WHICH THE TARRING WAS DONE. EXT.P.8: COPY OF THE NOTICE NO.A3 550/11 DTD. 15/11/2011 ISSUD BY THE R.1. TO THE PETITIONER. RESPONDENT'S EXHIBITS:- EXT.R1.A: PHOTOGRAPHS EVIDENCING THE LIE OF THE BUILDING. EXT.R1.B: COPY OF THE COMMUNICATION ISSUED BY THE SUB INSPECTOR OF POLICE DTD. 31/10/2011. EXT.R1.C: COPY OF THE SKETCH EVIDENCING THE LIE OF THE ROAD AND THE BUILDING. //TRUE COPY// P.S. TO JUDGE Prv. HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO. 28669 OF 2011 ------------------------------- DATED THIS THE 2ND DAY OF DECEMBER, 2011 JUDGMENT This writ petition is filed seeking to quash Ext.P6 and for a direction directing the lst respondent to number the building constructed by the petitioner on the first floor of the existing building covered by Ext.P4, which is situated in the property covered by Ext.P1. 2. Petitioner submits that 22 years back husband of the petitioner had constructed a single storey building having 7 rooms. Recently the petitioner constructed 6 rooms on the first floor of the building. Petitioner submitted an application before the lst respondent-Panchayat requesting to number the building. The Panchayat rejected the application as per Ext.P6 stating that the minimum distance from the road to the ground of the building is not followed by the petitioner as per the building Rules. Petitioner produced Ext.P7 photographs. It is pointed out that Ext.P7 -2- W.P.(C).No.28669/2011 photographs would show that the tarring in the PWD road encroached the slab placed on the drainage and hence the minimum distance from the building is reduced. It is also pointed out that the the petitioner constructed rooms on the first floor of the existing building, which was approved and numbered by the Panchayat and that the petitioner is paying building tax for the ground floor of the building. The grievance of the petitioner is that the respondent- Panchayat did not consider the facts of the case and had passed Ext.P6 order without hearing the petitioner. 3. During the pendency of the writ petition, the lst respondent-Panchayat issued Ext.P8 notice on 15/11/2011 directing demolition of the building. The Standing Counsel for the lst respondent-Panchayat entered appearance and filed a detailed counter affidavit. 4. When the matter is taken up for final hearing today, the petitioner submits that she intends to file a detailed petition before the Panchayat and requests this Court to issue a direction to -3- W.P.(C).No.28669/2011 the Panchayat to consider and pass orders on the petition. In the aforesaid facts and circumstances of the case, this writ petition is disposed of with a direction to the Panchayat to consider and pass appropriate orders on the petition, after affording an opportunity of being heard to the petitioner, in the event of the petitioner files a petition before the Panchayat within three weeks from today. The Panchayat shall pass orders on the petition within a period of two months from the date of receipt of the petition. All further proceedings pursuant to Exts.P6 and P8 shall be kept in abeyance till the disposal of the petition. HARUN-UL-RASHID, Judge. kcv.