IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 8TH SEPTEMBER 2009 / 17TH BHADRA 1931 WP(C).No. 17270 of 2009(C) -------------------------------------- PETITIONER: ------------------- M.SIRAJUDEEN, S/O.MOHAMMED KUNJU, AYROOR HOUSE, CHONAMCHIRA, PERINAD P.O., KOLLAM DISTRICT. BY ADVS. SMT.ANUSHMA M.KHANM, MR.C.RAJENDRAN. RESPONDENTS: ------------------------ 1. THE SECRETARY, PANAYAN GRAMA PANCHAYATH OFFICE, PERINAD P.O., KOLLAM DISTRICT. 2. THE DEPUTY DIRECTOR OF PANCHAYATHS, KOLLAM DISTRICT, CIVIL STATION BUILDINGS, KOLLAM-13. 3. DIRECTOR OF PANCHAYATHS OF KERALA STATE, DIRECTORATE OF PANCHAYATHS, PUBLIC OFFICE BUILDINGS, NEAR MUSEUM, TRIVANDRUM. 4. PRINCIPAL SECRETARY TO GOVERNMENT OF KERALA, LOCAL ADMINISTRATION DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM-1. 5. DIRECTOR OF STATE VIGILANCE POLICE INVESTIGATIONS, NEAR P.M.G.JUNCTION, TRIVANDRUM. R1 BY ADVS. MR.RAJA VIJAYARAGHAVAN, MR.R.RANJITH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/09/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. THOTTATHIL B.RADHAKRISHNAN, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) No. 17270 of 2009 & I.A.No. 10091 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 8th day of September, 2009 JUDGMENT The petitioner constructed a building. He came to this Court on the allegation that he has been compelled to put up a rain water harvesting mechanism. In terms of the provisions of the Kerala Municipality Building Rules, 1999, the provision for rain water harvesting mechanism is mandatory, except in case where exemption is granted by the Municipality under section 109A(8) of those Rules. At the stage of admission, the petitioner had stated that he will construct the rain water harvesting mechanism on completion of the first floor also, since, according to him, the first floor was not constructed. I, therefore, issued an interim order directing the Municipality to number the building provisionally, so that the petitioner can occupy the building and put it to use. 2. In the counter affidavit filed by the 1st respondent it is stated that the building has been numbered as building No.IX/766. This is recorded. 3. I do not find any ground to further proceed with the interlocutory application filed by the petitioner alleging that the Secretary of the Panchayat has not acted in terms of the interim order. With the aforesaid, on W.P.(C) No. 17270/09 2 a perusal of the photograph of the petitioner's building, which is produced by the 1st respondent as Ext.R1(c), I am satisfied that the stage is reached where the petitioner has to ensure that the rain water harvesting mechanism is also properly installed in terms of the Act and Rules, for regularizing the completion of the construction and for allotting building number finally. 4. In the result, this writ petition is ordered directing that the number allotted for the building by the panchayat, as recorded above, will be treated as available to the petitioner for all purposes, though provisionally and subject to further issuance of completion of certificate on production of all materials as are required upon completion of the building, including the rain water harvesting mechanism in terms of the Kerala Municipalities Act. The petitioner will do the needful within a period of six months from today. THOTTATHIL B.RADHAKRISHNAN, JUDGE. mn.