IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 13TH NOVEMBER 2009 / 22ND KARTHIKA 1931 WP(C).No. 32576 of 2009(N) -------------------------- PETITIONER(S): --------------- JOHNY.A.D, AGED 48, S/O. DAVASSY, AYAKKADAN HOUSE, PULLUR.P.O, IRINJALAKUDA. BY ADV. SRI.V.N.GOPINATHAN SRI.A.BALAGOPALAN SRI.SOJO J.KALLIDUKIL RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THRISSUR. 2. THE VILLAGE OFFICER, PULLUR VILLAGE, PULLUR.P.O, IRINJALAKUDA. 3. MURIYAD GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, MURIYAD, PULLUR.P.O, IRINJALAKUDA. R1, R2 BY GOVT. PLEADER SRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.32576 OF 2009 ------------------------------------------- Dated this the 13th day of November, 2009 JUDGMENT 1.Heard learned counsel for the petitioner and learned Government Pleader for respondents 1 and 2. Notice to the third respondent dispensed with, preserving its right for re- hearing of the matter, if aggrieved. 2.The petitioner states that he is a painter by profession, living in a rented house. He has 3 cents of land obtained as per Ext.P1 document of sale dated 18.1.2008. That document described the property as a 'paramba'. Ext.P3 possession certificate is issued by the Village Officer showing that the land was 'nilam' (wet land) which was converted as paramba (dry land) and is dry land since a long time. Ext.P4 location certificate issued by the Village Officer showed that the land is dry land. Ext.P5 building permit was issued on 16.4.2008. The petitioner availed a housing loan and completed the construction. On 19.9.2009 he applied for numbering the WPC.32576/09 2 building. That application is filed obviously after completing the building. He can occupy the building with the services being rendered by the KSEB and other authorities only on numbering the building. Ext.P7 shows that the service sought for from the grama panchayat, viz., the decision on the application for numbering the building, will be issued on 18.10.2009. This writ petition is filed on 12.11.2009 stating that the application is not being acted upon and the grama panchayat has not issued the decision. 3.The petitioner appears to be a bonafide person. I say this because he has not waited to permit time to run and provide him the situation where he could have turned round to say that he has the benefit of certain deeming provisions in the laws governing Local Self Government Institutions regarding application for permit, licence, numbering of building etc. 4. This Court, by this time, has repeatedly seen that the secretaries of different Local Self Government Institutions WPC.32576/09 3 would often slumber over files in which immediate action is required and also that in a good number of cases, files are left letting time to run, metamorphosing the claim of the citizen to be one depending upon certain deeming provisions. This may be some times innocent; sometimes the result of corruption, nepotism and other unholy administrative situation. Under such circumstances, it appears that it is high time for the secretaries of LSGIs, who are nothing but Government servants and under the control of the State Government through the LSG Department, are told appropriately by the State Government of the consequences that they may have to face through governmental machinery if they adopt lethargic attitude in such matters. While it may be true that a deemed licence or deemed permit etc. would only grant the status of “deemed, if in accordance with law”, the secretaries of LSGIs cannot delay the matter, particularly when the citizen who comes with an application is entitled to a decision. If it is against the citizen, that has to be rendered with reasons. This is the dictate of Section 4(1)(d) of the Right to Information Act. WPC.32576/09 4 It is also important because any person aggrieved by such decision can carry it to the appropriate statutory appellate or revisional authority. Life of citizens are not intended to be lost in the corridors of various offices which are meant to serve them. 5.On the facts, I am satisfied that it is an abundantly fit case where the third respondent shall issue a order on the application of the petitioner for numbering the building within a period of two weeks. The writ petition is so ordered. Learned Government Pleader will bring this judgment to the notice of the Principal Secretary of the Department of LSG in the State Government for any appropriate action that may be found necessary in the wisdom of the Government. THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.13/11.