IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 16TH MARCH 2010 / 25TH PHALGUNA 1931 WP(C).No. 36826 of 2009(W) -------------------------- PETITIONER(S): --------------------- GEORGE @ JOSEPH, AGED 49 YEARS, S/O.XAVIER, VELIMARAMBIL HOUSE,CHITTOOR P.O, CHERANELLOOR VILLAGE,ERNAKULAM DISTRICT. BY ADV. SRI.GOKUL DAS V.V.H. RESPONDENT(S): ----------------------- 1. THE CHERANELLOOR GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, SOUTH CHITTOOR P.O., RNAKULAM DISTRICT-682027. 2. THE SECRETARY, CHERANELLOOR GRAMA PANCHAYATH,SOUTH CHITTOOR P.O., ERNAKULAM DISTRICT 682027. ADV. SRI.S.SHANAVAS KHAN FOR R1-2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.36826/09 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE TITLE DEED DT.18.9.00 PERTAINING TO THE 20 CENTS OF LAND SITUATED IN SY.NO.537/2 OF CHERANELLOOR VILLAGE. EXT.P2: TRUE COPY OF THE NO OBJECTION CERTIFICATE NO.C4/05 DT.3.20.05 ISSUED BY THE 2ND RESPONDENT. EXT.P3: TRUE COPY OF THE PLAN SUBMITTED BY THE PETITIONER. EXT.P4: TRUE COPY OF THE BUILDING PERMIT DT.19/08/2006 ISSUED BY THE 2ND RESPONDENT. EXT.P5: TRUE COPY OF THE LETTER NO.C6-99/09(3) DT.4/12/2009 OF THE 2ND RESPONDENT. EXT.P6: ORIGINAL OF THE PHOTOGRAPH SHOWING THE BUILDING OF THE PETITIONER. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J ....................... W.P.(C).36826/2009 ....................... Dated this the 16th day of March, 2010 JUDGMENT Challenge in the writ petition is against Ext.P5, an order passed by the 2nd respondent declining to number the building constructed by the petitioner on the strength of Ext.P4 building permit. The reason stated in Ext.P5 is that as against the proposal for constructing an office building, what is constructed by the petitioner is a godown. It is also stated that the land in question has been shown as 'nilam' in the revenue records. 2. Panchayat has no case that the petitioner has deviated from the approved plan while making the construction nor does it have a case that the site is a 'nilam'. If that be so, the stand taken in Ext.P5 cannot be sustained. 3. In view of the above, Ext.P5 is quashed. Panchayat is directed to number the building as sought for by the W.P.(C).36826/09 2 petitioner within one month of production of a copy of this judgment. Writ petition is disposed of as above. ANTONY DOMINIC, Judge mrcs