IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 33261 of 2006(I)
1. RAPPAI, AGED 50,
... Petitioner
2. MARIYAM, D/O.ANTHONY,
Vs
1. THEKKUMKARA GRAMA PANCHAYATH,
... Respondent
2. STATE OF KERALA,
For Petitioner :SRI.G.SREEKUMAR (CHELUR)
For Respondent :SRI.C.A.CHACKO
The Hon'ble MR. Justice PIUS C.KURIAKOSE
Dated :08/03/2007
O R D E R
PIUS C. KURIAKOSE,J.
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W.P.(C)No.33261 of 2006
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Dated: 8th March, 2007
JUDGMENT
This Writ Petition has been filed by the petitioners who have
constructed two residential buildings within the area of the 1st
respondent-Panchayat seeking a direction to the Panchayat to assign
building numbers to their buildings within a time frame.
2. The Panchayat has filed a counter affidavit. In paragraph 4 of
the counter affidavit it is stated as follows:
“Even though the building has been constructed in violation of
Section 220(b) of the Act, the Panchayat is ready to number the
building of the petitioners if they give an undertaking in a stamp
paper agreeing to demolish the unauthorised construction iin the
event of widening of road and as an when directed by the Panchayat.”
Counsel for the petitioners submits that the petitioners are ready and
willing to submit an undertaking before the Panchayat as required in
paragraph 4 of the counter affidavit. Accordingly, the Writ Petition will
stand disposed of without going into the merits of the matter
directing the petitioners to give an undertaking on stamp paper
before the Panchayat agreeing to demolish the buildings in question
in the event of widening of the road as and when directed by the
W.P.C.No.33261/06 – 2 –
Panchayat and the Panchayat is directed to issue number to the
buildings as and when the undertaking is received.
srd PIUS C.KURIAKOSE, JUDGE