IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 20TH SEPTEMBER 2011 / 29TH BHADRA 1933 WP(C). No. 16675 of 2011(H) ----------- -------------------------- PETITIONER(S): ----------------------- BINU P. HASSAN, S/O. PIRAMBILYKUDY HASSAN @ HASSANKUNJU, AGED 38 YEARS, CHELAKKULAM KARA, PATTIMATTOM VILLAGE, KUNNATHUNADU TALUK, VENGOLA P.O., PIN - 683554, REP. BY HIS POWER OF ATTORNEY SRI.ALWIN SHAN, S/O.NANETHAN MUHAMMED, AGED 22 YEARS, VENGOLA VILLAGE, KUNNATHUNADUTALUK BY ADV. SRI.ABRAHAM MATHEW (VETTOOR) RESPONDENT(S): ------------------------- 1. THE RAYAMANGALAM GRAMA PANCHAYATH, RAYAMANGALAM P.O., PIN - 683552, KUNNATHUNADU TALUK, REPRESENTED BY ITS SECRETARY. 2. THE SECRETARY (SPECIAL GRADE), RAYAMANGALAM GRAMA PANCHAYATH, RAYAMANGALAM P.O., PIN - 683552, KUNNATHUNADU TALUK. R1 & R2 BY ADV. SRI. BINU PAUL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JJJ ......2... WP(C). No. 16675 of 2011(H) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE SALE DEED NO:2644 OF 2008 OF SRO KURRUMPUMPADY DATED 28.0602008 P2: COPY OF BASIC TAX RECEIPT IN RESPECT OF THE PROPERTY OF THE PETITIONER DATED 01.07.2010 P3: COPY OF THE POSSESSION CERTIFICTE AND LOCATION SKETCH ISSUED BY THE VILLAGE OFFICER, RAYAMANGALAM DATED 28.09.2010 P4: COPY OF THE ORDER NO: A3/2214/10/K DIS ISSUED BY THE SENIOR TOWN PLANNER, ERNAKULAM DATED 04.10.2010 P5: COPY OF THE LAYOUT PLAN APPROVED BY THE TOWN PLANNER AS COUNTERSIGNED BY THE 2ND RESPONDENT'S P6: COPY OF THE BUILDING PERMIT NO:238/2010-2011 ISSUED BY THE 2ND RESPONDENT DATED 04.11.2010 P7: COPY OF THE RECEIPT ISSUED BY THE 1ST RESPONDENT FOR REMITTANCE OF THE PERMIT FEE DATED 04.11.2010 P8: COPY OF THE ACKNOWLEDGMENT ISSUED BY THE MANAGER, DISTRICT INDUSTRIES CENTRE, ERNAKULAM DATED 11.08.2010 P9: A TRUE COPY OF THE CONSENT ISSUED BY THE KERALA STAGE POLLUTION CONTROL BOARD DATED 19.10.2010 P10: COPY OF THE D&O APPROVAL GIVEN BY THE DISTRICT MEDICAL OFFICER, ERNAKULAM DATED 18.10.2010 P11: COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY THE FIRE AND RESCUE SERVICE DATED 03.08.2010 P12: COPY OF THE ACKNOWLEDGMENT GIVEN BY THE CHIEF CONSERVATOR OF FOREST DATED 16.02.2011 P13: COPY OF THE VERIFICATION REPORT ON APPLICATION FOR NOC FOR WOOD BASED INDUSTRIES DATED 27.04.2011 P14: COPY OF THE COMPLETION PLAN OF THE INDUSTRIAL BUILDING P15: COPY OF THE RECEIPT ISSUED BY THE RESPONDENTS FOR RECEIPT OF THE COMPLETION REPORT DATED 24.02.2011 P16: COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER DATED 06.08.2011 RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE JJJ HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO.16675 OF 2011 ------------------------------- DATED THIS THE 20TH DAY OF SEPTEMBER, 2011 JUDGMENT This writ petition is filed for a direction commanding the 2nd respondent to complete the assessment of the building constructed by the petitioner and assign number to the building acting upon the completion report and completion plan submitted by the petitioner. 2. Petitioner submitted an application for the construction of an industrial building. He also submitted a layout plan to the respondents for approval of the site for the industrial unit. Ext.P5 is the copy of the layout plan approved and counter signed by the 2nd respondent and Ext.P6 is the building permit issued by the Panchayat. 3. Petitioner submits that he has completed the construction of the building and requested the Panchayat to number the building. Petitioner also produced copy of the no objection -2- W.P.(C).No.16675/2011 certificate issued by the Manager, District Industries Centre, the consent issued by the Environmental Engineer of the Kerala State Pollution Control Board, copy of the D & O approval of site for installation of 113 HP electric motor issued by the District Medical Officer, Health and copy of the no objection certificate issued by the Fire and Rescue Service, etc. 4. Petitioner submitted the completion report along with the plan of the completed industrial building. True copy of the completion plan is marked as Ext.P14 and the receipt of the completion report dated 24/2/2011 is marked as Exts.P15. The grievance of the petitioner is that though he has submitted completion report of the building along with the plan of the completed industrial building duly signed by the Engineer, the Pancayat has not so far allotted building number, though the building has already been completed and ready for assessment. According to the petitioner, the Panchayat is bound to complete the assessment and number the building without further delay. In the -3- W.P.(C).No.16675/2011 circumstances, he approached the Panchayat for the aforesaid relief. Learned Standing Counsel for the Panchayat submitted that Ext.P14 completion plan in respect of the building is pending consideration before the Panchayat. 5. Taking into consideration the circumstances stated above, it is for the Panchayat to consider the completion plan and pass appropriate orders within a period of three weeks from the date of receipt of a copy of this judgment. If it is found necessary, the Panchayat can inspect the site for the purpose of examining as to whether the construction of the building is completed and whether the building is ready for occupation. Writ Petition is disposed of as above. HARUN-UL-RASHID, Judge. kcv.