Court disposed of the writ petition seeking a direction to assign building numbers, directing petitioners to submit an undertaking to demolish unauthorized buildings if needed for road widening.
Petitioners directed to give undertaking on stamp paper; Panchayat directed to issue numbers upon receipt of undertaking.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE
THURSDAY, THE 8TH MARCH 2007 / 17TH PHALGUNA 1928
WP(C).No. 33261 of 2006(I)
PETITIONERS:
BY ADV. SRI.G.SREEKUMAR (CHELUR)
RESPONDENTS:
REP. BY THE SECRETARY TO THE GOVERNMENT, LOCAL SELF ADMINISTRATION DEPARTMENT, THIRUVANANTHAPURAM.
R1 BY ADV. SRI.C.A.CHACKO
R2 BY GOVT. PLEADER SMT.T.B.RAMANI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/03/2007,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PIUS C. KURIAKOSE,J.
- - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.33261 of 2006
- - - - - - - - - - - - - - - - - - - - - - - - - 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.
“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
1 issue framed by the court
Whether a writ petition for assigning building numbers can be disposed of if petitioners agree to an undertaking for demolishing unauthorized construction.
RAPPAI AND ANR.
THEKKUMKARA GRAMA PANCHAYATH
STATE OF KERALA
PIUS C KURIAKOSE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
