IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE MONDAY, THE 11TH FEBRUARY 2008 / 22ND MAGHA 1929 WP(C).No. 20172 of 2007(B) -------------------------- PETITIONER: ------------ ABDUL MAJEED, S/O.ABDUL KHADER, AGED 47 YEARS, RESIDING AT CHUNKKATHIL HOUSE, THAZHAVA VADAKKAN MURI, KUTHIRAPPANTHI P.O., KOLLAM. BY ADV. SRI.A.X.VARGHESE SRI.A.V.JOJO RESPONDENTS: ------------- THAZHAVA GRAMA PANCHAYATH, REP. BY ITS SECRETARY, S.R.P. MARKET P.O., THAZHAVA, PIN - 690 539. R1 BY ADV. SRI.N.UNNIKRISHNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) No. 20172/2007 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE OWNERSHIP CERTIFICATE DATED 30/07/2001 ISSUED BY THE RESPONDENT. P2 : COPY OF THE IDENTITY CARD AND RATION CARD. P3 : COPY OF THE APPLICATION DATED 13/11/2006 TO THE RESPONDENT. P4 : COPY OF THE LEGAL NOTICE DATED 23/12/2006. P5 : COPY OF THE LEGAL NOTICE DATED 06/02/07. P6 : COPY OF THE REPLY NOTICE DATED 12/02/2007. P7 : COPY OF THE STATEMENT OF THE PRINCIPAL, B.J.S.M.MADATHIL VOCATIONAL & HIGHER SECONDARY SCHOOL IN THAZHAVA NORTH. RESPONDENT'S EXHIBITS R(1) : COPY OF LETTER NO.T3-19/06 DATED 22/11/2007. R(2) : COPY OF LETTER NO.310/2007 DATED 11/12/2007 ISSUED BY THE VILLAGE OFFICER, THAZHAVA. R(3) : COPY OF REPLY DATED 11/01/2007. // TRUE COPY // PA TO JUDGE. jg PIUS C.KURIAKOSE, J. ------------------------- W.P.(C) No. 20172 of 2007 --------------------------------- Dated, this the 11th day of February, 2008 J U D G M E N T Petitioner, who has constructed a temporary shed in place of an old building number of which he mentions as Door No.TP II/43, has filed Ext.P3 application before the Secretary of the Panchayat requesting that an ownership certificate be issued to him. In response to Ext.P3, the Panchayat issued Ext.R1(1) to the petitioner directing the petitioner to produce the documents of title in respect of the land upon which the building is put up, the latest property tax receipt and also to furnish the survey number of the property. Virtually challenging Ext.R1(1) and seeking a direction to the Panchayat to issue an ownership certificate on the basis of Ext.P3 application, the petitioner has filed this writ petition. 2. The Secretary of the Panchayat has filed a counter affidavit. It is contended therein that the Door No.TP II/43 mentioned by the petitioner in the writ petition as well as in the Election Commission's identity card issued to him is not the correct one since according to the property tax assessment books of the Panchayat, that building belongs to one Shri.Asahar Mohammed Aashiyana, Moonvilla, Vadakkummuri North East, Thazhava. It is WP(C) No. 20172/2007 -2- also contended on the basis of Ext.R2 certificate issued by the Village Officer, Thazhava, that the property on which the petitioner has constructed the shed belongs to the petitioner's mother Smt.Kochu Kadeeja Umma. The Panchayat has stated in paragraph 7 of the counter affidavit that if the petitioner produces the documents called for under Ext.R1(1), the Panchayat will be inclined to assign door number as requested by him. 3. Having considered the counter affidavit and the submissions addressed by both the parties, I am of the view that the Panchayat is certainly justified in insisting that the petitioner shall produce the various documents mentioned in Ext.R1(1), so as to enable the Panchayat to consider his application for assignment of door number for the shed constructed by him. I direct the petitioner to produce the documents mentioned in Ext.R1(1) before the Panchayat within a period of one month and if documents are so produced, the Panchayat will take a decision on the question of assignment of door number in petitioner's name to the shed in question and inform the petitioner accordingly. Even if the petitioner is unable to comply with the directions contained in Ext.R1(1) within the stipulated time, it is open to the petitioner to WP(C) No. 20172/2007 -3- approach Civil Court impleading his mother Smt.Kochu Kadeeja Umma as well as Shri.Asahar Mohammed Aashiyana, Moonvilla, Vadakkummuri North East, Thazhava as parties and seek appropriate reliefs. This writ petition is disposed of as above. (PIUS C.KURIAKOSE, JUDGE) jg