Saidalavi @ Bava vs Thennala Grama Panchayath
2022 Latest Caselaw 8010 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     WEDNESDAY, THE 29TH DAY OF JUNE 2022 / 8TH ASHADHA, 1944
                         WP(C) NO. 7541 OF 2022
PETITIONER:

          SAIDALAVI @ BAVA
          AGED 73 YEARS
          S/O. KUNHALI (KUNHALANKUTTY),
          VELLATHI HOUSE, POOKKIPARAMB, THENNALA P.O., MALAPPURAM
          DISTRICT, PIN - 676508
          BY ADV C.M.MOHAMMED IQUABAL


RESPONDENTS:

    1     THENNALA GRAMA PANCHAYATH
          VALAKULAM P.O., TIRURANGADI TALUK,
          MALAPPURAM DISTRICT,
          REPRESENTED BY ITS SECRETARY, PIN - 676508
    2     THE SECRETARY
          THENNALA GRAMA PANCHAYATH,
          VALAKULAM P.O., TIRURANGADI TALUK,
          MALAPPURAM DISTRICT, PIN - 676508
          BY ADVS.
          HARISH R. MENON
          K.T.SHYAMKUMAR
          K.N.ABHA
          A.G.PRASANTH



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 7541 OF 2022
                                 2


               P.V.KUNHIKRISHNAN, J.
              ------------------------------
              W.P.(C).No. 7541 of 2022
      ----------------------------------------------
       Dated this the 29th day of June, 2022

                        JUDGMENT

The above writ petition is filed with the following

prayers:

"(a) Issue a Writ of Mandamus or any other appropriate writ, order or direction directing the respondents to number the building constructed on the strength of Ext.P4 building permit, as per Ext.P6 Application filed by the petitioner.

(b) Issue a Writ of Mandamus or any other appropriate writ, order or direction directing the 2 nd respondent to accept Ext.P6 application to number the building, consider the same and pass appropriate orders, within a time stipulated by this Hon'ble Court.

(c) Pass any other appropriate writ, order or direction which this Hon'ble Court may deem fit to issue and the petitioner may pray from time to time."[SIC]

2. The petitioner and others are in possession of

6.7 ares of land in Sy.No.224/1 of Thennala village. It

was originally belongs to his mother and after her death

the petitioner and other legal heirs are in possession of WP(C) NO. 7541 OF 2022

the same. The petitioner obtained Ext.P4 building

permit to construct residential house in this property

with the consent of the entire legal heirs as evident by

Ext.P3 consent. The petitioner completed the building

and submitted Ext.P6 application to number the building

in the name of the legal heirs of his mother. The

Panchayath has not taken any steps on the application

for want of fresh consent from the legal heirs. Hence

this writ petition is filed.

3. Heard counsel for the petitioner and the

counsel appearing for the respondents.

4. Counsel for the petitioner reiterated his

contentions in the writ petition. The counsel for the

respondents submitted that there are some defects in

Ext.P6 application and if the petitioner is ready to submit

a fresh application, the same will be considered in

accordance to law. In the light of the same, nothing

survives in this case.

Therefore this writ petition is disposed of in the

following manner:

WP(C) NO. 7541 OF 2022

i. The petitioner will submit an application to

number the building, within two weeks from the date of

receipt of a copy of this judgment.

ii. Once such an application is received, the 2 nd

respondent will consider the same and pass appropriate

orders giving building number to the petitioner, if the

application is otherwise in order, as expeditiously as

possible, at any rate, within a period of two weeks from

the date of receipt of the application.

Sd/-

P.V.KUNHIKRISHNAN DM JUDGE WP(C) NO. 7541 OF 2022

APPENDIX OF WP(C) 7541/2022

PETITIONER EXHIBITS EXHIBIT -P1 THE TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE THENNALA VILLAGE OFFICE DATED 30.12.2019 EXHIBIT -P2 THE TRUE COPY OF THE DEATH CERTIFICATE OF THE MOTHER OF THE PETITIONER DATED 5.4.2017 EXHIBIT -P3 THE TRUE COPY OF THE CONSENT ISSUED BY THE LEGAL HEIRS OF UMMERI UMMA DATED 28.12.2015 EXHIBIT -P4 THE TRUE COPY OF THE BUILDING PERMIT ISSUED BY THE RESPONDENT GRAMA PANCHAYATH DATED 5.6.2017 EXHIBIT -P5 THE TRUE COPY OF THE COMPLETION CERTIFICATE ISSUED BY THE LICENSED BUILDING SUPERVISOR DATED 8.2.2020 EXHIBIT -P6 THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 10.2.2020 EXHIBIT -P7 THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE THENNALA VILLAGE OFFICER DATED 20.5.2020

RESPONDENTS EXHIBITS : NIL

//TRUE COPY//

PA TO JUDGE