IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 19021 of 2007(M)
1. N.THULASEEDHARAN NAIR,
... Petitioner
Vs
1. POOTHAKULAM GRAMA PANCHAYATH,
... Respondent
For Petitioner :SRI.K.S.MOHAMED HASHIM
For Respondent :SRI.B.SURESH KUMAR
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :17/11/2009
O R D E R
THOTTATHIL B. RADHAKRISHNAN, J.
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W.P.(C).No.19021 of 2007-M
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Dated this the 17th day of November, 2009.
JUDGMENT
Going by Exts.P1 and P2, the petitioner is an
assignee of one Sasidharan Pillai whose name
continues to appear as that of the owner in the
assessment register of the Panchayat, as regards
a building in relation to which this writ
petition is filed. The petitioner seeks the
relief of changing the name of the owner of the
building in the assessment register.
The Panchayat is on record evidencing that on
alleged violation of Section 220(b) of Kerala
Panchayat Raj Act, notices were issued to the
petitioner. Even if the alleged violations are
attributable only to the predecessor-in-interest
of the petitioner, they have to be cleared.
Without that, the petitioner will find it
WPC19021/07 -: 2 :-
difficult to further proceed to prosecute the
matter before the Panchayat. Going by Exts.R1(a)
and R1(b), the Panchayat does not seriously
dispute the transfer of title in favour of the
petitioner. Hence, it is ordered that the
petitioner’s request for transfer of name in the
assessment register will be considered by the
Panchayat without prejudice to its right to
enforce Exts.R1(a) and R1(b). The petitioner is
directed to show cause in answer to Exts.R1(a)
and R1(b) and do the needful to get the building
regularised by ensuring it to be in conformity
with law or to get the clearance of the Panchayat
in accordance with law. Let the needful be done
at the earliest. The writ petition is ordered
accordingly.
THOTTATHIL B.RADHAKRISHNAN,
JUDGE.
Sha/2811