IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 29TH AUGUST 2008 / 7TH BHADRA 1930 WP(C).No. 16330 of 2004(R) ------------------------------------- PETITIONER: ------------------- K.PADMANABHA PILLAI, KANNIKATTU HOUSE, AROOKUTTY, ALAPPUZHA DISTRICT. BY ADV. SRI.MURALI PURUSHOTHAMAN SRI.P.M.BENZIR SRI.DEEPU LAL MOHAN RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF PANCHAYATS, ALAPPUZHA. 3. AROOKUTTY GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, AROOKUTTY, ALAPPUZHA DISTRICT. 4. THE SECRETARY, AROOKUTTY GRAMA PANCHAYAT, AROOKUTTY, ALAPPUZHA DISTRICT. 5. KARUNAKARAN PILLAI SIVADASAN PILLAI, KIZHAKKEKODUVELIL, AROOKUTTY, ALAPPUZHA DISTRICT. BY ADV. SMT.AYSHA YOUSEFF FOR R3 & 4 SMT.MOLLY JACOB FOR R3 & 4 SRI.K.PRAVEEN KUMAR FOR R5 SMT.T.J.SEEMA FOR R5 GOVERNMENT PLEADER SRI.MOHAMMED ANZAR FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.16330/2004 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE JUDGMENT DT. 28.1.2004 IN WPC. NO.38152/2003 OF THIS HONOURABLE COURT. EXT.P2:- COPY OF THE PROCEEDINGS OF THE 4TH RESPONDENT NO.A3-322-03 DT. 31.3.04 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. EXT.P3:- COPY OF THE OWNERSHIP CERTIFICATE NO.A3.164/98 D.T 31.3.04 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER. EXT.P4:- COPY OF THE TAX RECEIPT DT. 31.3.04 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. EXT.P5:- COPY OF THE ORDER NO.AR11014/03 DT. 1.4.04 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXT.P6:- COPY OF THE LETTER NO.A3.322/03 DT. 28.4.2004 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER. EXT.P7:- COPY OF THE LETTER NO.A3.322/03 DT. 4.5.04 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER. EXT.P8:- COPY OF THE LETTER NO.21834/E1/04 /LSGD DT. 21.5.04 ISSUED BY THE ISR RESPONDENT TO THE 5TH RESPONDENT. EXT.P9:- COPY OF THE LETTER NO.A3-322/03 DT. 28.5.04 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER. RESPONDENT'S EXHIBITS EXT.R5(a):- COPY OF THE LETTER OF THE 4TH RESPONDENT DT. 14.11.2003. EXT.R5(b):- COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE GOVERNMENT DT. 21.5.04. EXT.R5(c):- COPY OF THE PARTITION DEED DT. 9.4.1968. /TRUE COPY/ P.A. TO JUDGE tss KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No. 16330 of 2004 ---------------------------------------------- Dated 29th August, 2008. J U D G M E N T Petitioner is aggrieved by the steps taken by the Deputy Director of Panchayats and the Government in the matter of cancellation of the number already allotted to the building constructed by the petitioner. Since a Tribunal has been constituted, the remedy open to the 5th respondent is only to move the Tribunal. Therefore, the impugned orders are quashed, without prejudice to the liberty to the 5th respondent to move the Tribunal for Local Self Government Institutions. It is made clear that neither the Deputy Director nor the Government shall interfere in the matter. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.16330 of 2004 ---------------------------------------------- J U D G M E N T Dated 29th August, 2008.