IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 17TH NOVEMBER 2009 / 26TH KARTHIKA 1931 WP(C).No. 19021 of 2007(M) ----------------------------------------- PETITIONER(S): ------------------------ N.THULASEEDHARAN NAIR, VARUVILAKOM HOUSE, VEPPIN MOODU, POOTHAKKULAM P.O., KOLLAM DISTRICT. BY ADVS. MR.K.S.MOHAMED HASHIM, MR.V.J.BINU JELSON. RESPONDENT(S): ---------------------------- POOTHAKULAM GRAMA PANCHAYATH, REP. BY ITS SECRETARY, POOTHAKULAM P.O., KOLLAM DISTRICT. BY ADV. MR.B.SURESH KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.NO.19021/2007 M APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE SALE DEED NO.740 DTD. 03/04/2006 EXECUTED IN FAVOUR OF THE PETITIONER. P2: COPY OF THE POSSESSION CERTIFICATE DTD. 07/06/2007 ISSUED TO THE PETITIONER. P3: COPY OF THE TAX RECEIPT DTD. 07/05/2007 ISSUED IN FAVOUR OF THE PETITIONER. P4: COPY OF THE TAX RECEIPT DTD. 17/02/2004 ISSUED BY THE RESPONDENT. P5: COPY OF THE TAX RECEIPT DTD. 28/03/2007 ISSUED BY THE RESPONDENT. P6: COPY OF THE APPLICATION DTD. 07/06/2007 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT. RESPONDENT'S EXHIBITS: R1(A): COPY OF THE NOTICE DTD. 16/03/2007 ISSUED TO THE PETITIONER BY THE SECRETARY OF THE POOTHAKKULAM GRAMA PANCHAYATH. R1(B): COPY OF THE NOTICE DTD. 18/06/2007 ISSUED TO THE PETITIONER BY THE SECRETARY OF THE POOTHAKKULAM GRAMA PANCHAYATH. /TRUE COPY/ P.S.TO JUDGE Kss THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.19021 of 2007-M = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 17th day of November, 2009. JUDGMENT Going by Exts.P1 and P2, the petitioner is an assignee of one Sasidharan Pillai whose name continues to appear as that of the owner in the assessment register of the Panchayat, as regards a building in relation to which this writ petition is filed. The petitioner seeks the relief of changing the name of the owner of the building in the assessment register. The Panchayat is on record evidencing that on alleged violation of Section 220(b) of Kerala Panchayat Raj Act, notices were issued to the petitioner. Even if the alleged violations are attributable only to the predecessor-in-interest of the petitioner, they have to be cleared. Without that, the petitioner will find it WPC19021/07 -: 2 :- difficult to further proceed to prosecute the matter before the Panchayat. Going by Exts.R1(a) and R1(b), the Panchayat does not seriously dispute the transfer of title in favour of the petitioner. Hence, it is ordered that the petitioner's request for transfer of name in the assessment register will be considered by the Panchayat without prejudice to its right to enforce Exts.R1(a) and R1(b). The petitioner is directed to show cause in answer to Exts.R1(a) and R1(b) and do the needful to get the building regularised by ensuring it to be in conformity with law or to get the clearance of the Panchayat in accordance with law. Let the needful be done at the earliest. The writ petition is ordered accordingly. THOTTATHIL B.RADHAKRISHNAN, JUDGE. Sha/2811