Pushpakumari vs Thekkumkara Grama Panchayath on 16 March, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 634 of 2009()


1. PUSHPAKUMARI, W/O.K. SASIDHARAN,
                      ...  Petitioner

                        Vs



1. THEKKUMKARA GRAMA PANCHAYATH,
                       ...       Respondent

2. THE SECRETARY,

                For Petitioner  :SRI.P.BHASKARAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice S.S.SATHEESACHANDRAN

 Dated :16/03/2009

 O R D E R
 KURIAN JOSEPH, Ag.C.J. & S.S.SATHEESACHANDRAN, J.
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                     W.A. No.634 of 2009
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                   Dated 16th March, 2009.

                         J U D G M E N T

Kurian Joseph, Ag.C.J.

Appellant is the petitioner in the writ petition. She is

aggrieved since her newly constructed building is not numbered

by the Panchayat. According to the Panchayat, the construction

has been made in violation of Section 220(b) of the Kerala

Panchayat Raj Act, without leaving 3 meters space between the

PWD road and the petitioner’s building. Learned counsel for the

appellant submits that the appellant is prepared to demolish the

objectionable portion of her building. We find from the judgment

that the learned Single Judge has issued a direction to the

Panchayat to number the building as and when the offended

portion of the building is removed by the petitioner/appellant.

We make it clear that the respondents shall demarcate the

objectionable portion of the building within one month from today

and the portion thus marked as objectionable will be demolished

by the appellant. Thereafter, the building of the appellant will be

WA NO.634/09 2

numbered by the respondents within another one week. We

further make it clear that the demarcation shall be made in the

presence of the appellant and in case the appellant has any

objection with regard to the demarcation, it will be open to her to

pursue the same in appropriate proceedings.

The Writ Appeal is disposed of as above.

KURIAN JOSEPH, Acting Chief Justice.

S.S.SATHEESACHANDRAN, Judge.

tgs

KURIAN JOSEPH, Ag.C.J. &

S.S.SATHEESACHANDRAN, J.

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W.A. No.634 of 2009

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J U D G M E N T

Dated 16th March, 2009.