Musthafa.E.T.K vs Secretary
2023 Latest Caselaw 3664 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                     THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
     WEDNESDAY, THE 29TH DAY OF MARCH 2023 / 8TH CHAITHRA, 1945
                             WP(C) NO. 6311 OF 2022
PETITIONER:

              MUSTHAFA.E.T.K
              AGED 60 YEARS
              S/O. MAMMAD, EDAKKEMBURATH THAZHE KUNI HOUSE, KUNNATHARA
              P.O, ULLOOR, KOZHIKODE DISTRICT PIN 673 620

              BY ADVS.
              SANTHARAM.P
              REKHA ARAVIND
              P.G.GOKULNATH



RESPONDENTS:

     1        SECRETARY
              ULLIYERI GRAMA PANCHAYATH, ULLIYERI PANCHAYATH OFFICE,
              ULLIYERI P.O, KOZHIKODE 673 323

     2        ULLIYERI GRAMA PANCHAYATH
              ULLIYERI P.O, KOYILANDY TALUK, KOZHIKODE, PIN 673 323
              REPRESENTED BY ITS SECRETARY

              BY ADVS.
              Vinod Singh Cheriyan
              T.M.KHALID(K/000047/2013)
              K.P.SUSMITHA(K/956/2001)




     THIS     WRIT    PETITION   (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
29.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C).No.6311 of 2022             2


                    VIJU ABRAHAM,J
               -----------------------
               W.P.(C).No.6311 of 2022
        -------------------------------------
        Dated this the 29th day of March, 2023

                           JUDGMENT

Petitioner has approached this Court

challenging Ext.P7 communication issued by the

respondent Panchayat wherein the application for

numbering the building was rejected for the reason

that the property is shown as 'Nilam' in the revenue

records. The petitioner submits that necessary

applications have been submitted and Exts.P9 and P10

permissions have been granted for change the entry

in the revenue records as per the provisions of

Section 27A of the Act 2008, and that the said

documents have been produced before the Panchayat

also. Now the only reason stated for not assigning

permanent building number is the pendency of the

writ petition.

It is seen that an interim order dated 22.3.2022

has been issued directing the respondent to number

the building provisionally, and the same has been

complied also. Since the defect stated in Ext.P7 is

not in existence, there cannot be an impediment in

assigning a permanent number to the building.

Therefore, appropriate steps for assigning a

permanent building number shall be taken by the

respondent within a period of 10 days from the date

of receipt of a copy of the judgment.

Above writ petition is disposed of accordingly.

sd/-

VIJU ABRAHAM, JUDGE

pm

APPENDIX OF WP(C) 6311/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE DOCUMENT NOS 3000/07 DATED 06-11-2007 OF SRO, CHEMANCHERY

Exhibit P2 TRUE COPY OF THE DOCUMENT NO. 3044/07 DATED 12-11-2007 OF SRO, CHEMANCHEERY

Exhibit P3 TRUE COPY OF THE RELEVANT PAGES OF THE DATA BANK PUBLISHED BY THE RESPONDENT PANCHAYATH DATED 12-06-2015

Exhibit P4 TRUE COPY OF THE BUILDING PERMIT NO.

307/2013-14 DATED 18-10-2013

Exhibit P4a TRUE COPY OF THE BUILDING PERMIT NO.

308/2013-14 DATED 18-10-2013

Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 13-08-

2015 IN W.P(C) NO. 18996/2015 OF THIS HONOURABLE COURT.

Exhibit P6 TRUE COPY OF THE DEVIATION AND COMPLETION PLAN OF THE COMMERCIAL BUILDING AS PER BUILDING PERMIT NO. 307/2013-14 DATED 04-09-2021

Exhibit P6A TRUE COPY OF THE DEVIATION AND COMPLETION PLAN OF THE COMMERCIAL BUILDING AS PER BUILDING PERMIT NO. 308/2013-14 DATED 04-09-2021

Exhibit P7 TRUE COPY OF THE ORDER DATED 12-01-2022 OF THE SECRETARY OF THE RESPONDENT PANCHAYATH.

Exhibit P8 TRUE COPY OF THE CALCULATION STATEMENT DATED 04.01.2023 FOR THE PROPERTY IN EXHIBIT P1

Exhibit P9 TRUE COPY OF THE RECEIPT DATED

25.01.2023 FOR PAYMENT OF RS. 2,67,080/-

Exhibit P10 TRUE COPY OF THE ORDER OF CONVERSION DATED 28.02.2023 AS REGARD THE PROPERTY IN EXHIBIT P1

Exhibit P11 TRUE COPY OF THE CALCULATION STATEMENT DATED 28.12.2022 FOR THE PROPERTY IN EXHIBIT P2

Exhibit P12 TRUE COPY OF THE RECEIPT DATED 25.01.2023 FOR PAYMENT OF RS. 705116/-

Exhibit P13 TRUE COPY OF THE ORDER OF CONVERSION DATED 04.02.2023 AS REGARD THE PROPERTY IN EXHIBIT P2

Exhibit P14 TRUE COPY OF THE ORDER DATED 20.03.2023 ISSUED BY THE RESPONDENT