IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 27TH NOVEMBER 2008 / 6TH AGRAHAYANA 1930 WP(C).No. 22804 of 2008(M) -------------------------- PETITIONER(S): ------------------------- PADANNAKANDY GOVINDAN, AREEKKAL HOUSE, PADUVILAYI, PATHIRIYAD P.O., KANNUR DISTRICT. BY ADV. SRI.M.SASINDRAN SRI.TOJAN J. VATHIKULAM RESPONDENT(S): -------------------------- 1. VENGAD GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, KAITHERIPOYIL, P.O., PATHIRIYAD, KANNUR DISTRICT. 2. THE SECRETARY, NENGAD GRAMA PANCHAYAT, KAITHERIPOYIL, P.O.PATHIRIYAD, KANNUR DISTRICT. ADV. SRI.C.P.PEETHAMBARAN FOR R1,2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C).No. 22804/08. APPENDIX PETITIONER'S EXHIBITS: P1. COPY OF THE SETTLEMENT DEED DTD.13.6.07. P2. COPY OF THE RECEIPT ISSUED BY R2. P3. COPY OF THE NOTICE DTD.26.11.2007. P4. COPY OF THE CIRCULAR DTD.20.6.07. P5. COPY OF THE REQUEST DTD.28.11.07 BEFORE RDO. P6. COPY OF THE REPORT. P7. COPY OF THE REPORT DTD.7.11.07. P8. COPY OF THE JUDGMENT IN W.P.C.NO.7968/08 DTD.2.4.08. Sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P(C).No.22804 of 2008 ================== Dated this the 27th day of November, 2008 J U D G M E N T The petitioner constructed a building within the jurisdiction of the 1st respondent-Panchayat. Although the Kerala Municipality Building Rules have been made applicable to the 1st respondent- Panchayat, the construction is stated to be prior to the date of notification making the Kerala Municipality Building Rules applicable to the 1st respondent-Panchayat. When the petitioner approached the respondents for numbering the building, the 1st respondent directed the petitioner to submit an application as provided under the Kerala Municipality Building Rules. The petitioner submitted an application on 27.6.2007. Now the petitioner has been directed to produce sanction from the RDO on the ground that the building has been constructed after reclaiming paddy lands and therefore, sanction under the Kerala Land Utilisation Order is necessary. Learned counsel for the Panchayat submits that they are prepared to provisionally number the building subject to the petitioner producing sanction from the RDO. In the above circumstances, this writ petition is w.p.c.22804/08 2 disposed of with a direction to the 1st respondent-Panchayat to number the building of the petitioner provisionally subject to the production of the sanction order from the RDO under the Kerala Land Utilisation Order. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge