IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 526 of 2008(K)
1. GRAMEENA SELF HELP GROUP,
... Petitioner
Vs
1. THE KUMALI GRAMA PANCHAYAT,
... Respondent
2. THE SPECIAL GRADE SECRETARY,
For Petitioner :SRI.JOICE GEORGE
For Respondent : No Appearance
The Hon'ble MR. Justice PIUS C.KURIAKOSE
Dated :07/01/2008
O R D E R
PIUS C. KURIAKOSE, J.
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W.P.(C) No. 526 OF 2008
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Dated this the 7th day of January, 2008
JUDGMENT
The grievance of the petitioner is that the building constructed by
them by the side of the Kumali-Munnar road has not been numbered,
even though the construction does not violate any of the rules.
Sri.Shanavas Khan, counsel for the Panchayat on instructions submits
that the constructions violate Section 220 B of the Panchayat Raj Act
and that is why the Panchayat is not inclined to number the building.
2. Heard Sri.Joice George, counsel for the petitioner and
Sri.Shanavas Khan, counsel for the Panchayat.
3. Mr.Joice submits that the construction made by the petitioner is
more than 3 metres away from the margin of the road in question and
therefore does not violate Section 220 B. The fool proof method of
resolving the controversy, in my opinion, is to have a measurement of
the properties in relation to the road margin. The Writ Petition will stand
disposed of issuing the following directions:
The Panchayat will facilitate a measurement of the properties
through a competent surveyor at the expenses of the petitioner, taking
up Ext.P4 request submitted by the petitioner for numbering and if the
measurement reveals that the constructions are within the permitted
WPC No. 526 of 2008
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distance of three metres, the Panchayat will not hesitate to number the
building immediately. Needful shall be done by the Panchayat and the
petitioner at the earliest and at any rate within three weeks of receiving
copy of this judgment.
PIUS C. KURIAKOSE, JUDGE
btt
WPC No. 526 of 2008
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