IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 20TH DECEMBER 2010 / 29TH AGRAHAYANA 1932 WP(C).No. 34078 of 2010(H) --------------------------------------- PETITIONER(S): ----------------------- ABDUL JABBAR K.V., S/O.MAMMEDKUTTY HAJI, AGED 56 YEARS, KOLATHIKKAL HOUSE, CHEEKKODE, CHERUVAYOOR, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): -------------------------- THE CHEEKKODE GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, CHEEKKODE, MALAPPURAM DISTRICT PIN - 673 645. BY ADV. SRI.P.VENUGOPAL (1086/92) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C) NO. 34078/2010 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE BUILDING PERMIT ISSUED TO THE PETITIONER BY THE RESPONDENT DATED, 28/2/2006. P2 COPY OF THE COMMUNICATION ISSUED TO THE PETITIONER BY THE RESPONDENT DATED, 17/7/2009. P3 COPY OF THE PHOTOGRAPHS SHOWING THE BUILDING AND THE DISTANCE OF THE BUILDING FROM THE P.W.D. ROAD. RESPONDENT'S EXHIBITS: R1(A) COPY OF THE APPROVED PLAN IN RESPECT OF THE BUILDING OF THE PETITIONER. R1(B) COPY OF THE REPORT DATED 14/07/2009 SUBMITTED BY THE OVERSEER (LSGD) CHEEKODE SECTION. /TRUE COPY/ P.A.TO.JUDGE sts P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.34078 of 2010 ------------------------------- Dated this the 20th day of December, 2010 J U D G M E N T The petitioner is the owner of a building and land situated in Survey No.209/1 of Cheekkode Village in Malappuram District. The said building was put up on the strength of Ext.P1 building permit. After the building was completed, he submitted a completion certificate to the Secretary of the local authority and requested him to number the building. The said request was declined on the ground that the building does not have the required set back of 3 meters from the boundary of the land abutting the public road. In this writ petition, the petitioner seeks a direction to the respondent to number the building without delay. The petitioner has positively averred in the writ petition that the road passing along the northern boundary of his land is not a National Highway or State Highway or District Road or a road notified by the Village Panchayat and therefore section 220(b) of the Kerala Panchayat Raj Act has no application. 2. The respondent has filed a counter affidavit dated 8.12.2010. It is stated that the building is situated at a distance of 2.80 meters from the boundary of the land abutting the road and there is no required set back. However, the respondent has not denied the petitioner's averment that the road in question is not a W.P.(C) No.34078/2010 2 National Highway or a State Highway or a District Road or a road notified by the Village Panchayat. Apart from relying on section 220 (b) of the Kerala Panchayat Raj Act, the respondent has not given any reason for not numbering the building. I accordingly allow the writ petition and direct the Secretary of Cheekkode Grama Panchayat to number the building expeditiously and in any event, within two weeks from the date of receipt of a certified copy of this judgment. P.N. RAVINDRAN, JUDGE. nj.