P ALI Vs. AREACODE GRAMA PANCHAYATH

JUDGEMENT

(1.) THE prayer sought in this writ petition is to direct the respondents to number the building constructed by the petitioner. Ext.P1 is a building permit obtained by the petitioner, which is stated to be valid till 22/9/11. According to the petitioner, by August 2011, he completed construction of the building and thereafter, made Ext.P3 application on 17/8/11 requesting to number the building. The contention of the petitioner is that though he applied for numbering the building prior to the expiry of the permit period, Overseer of the Panchayat inspected the building after 22/9/11 and on the basis that construction was completed after the expiry of the period, building is not numbered. It is with this allegation, the writ petition has been filed seeking a direction to the respondents to number the building.

(2.) COUNTER affidavit has been filed by the respondents and according to the respondents, the District Town Planner inspected the building pursuant to a petition filed by a third party and issued Ext.R1(a) letter requiring the Secretary to call upon the petitioner to demolish and remove the objectionable construction mentioned therein. It is stated that pursuant to Ext.R1(a), Panchayat issued Ext.R1(b) dated 15/6/10 which was received by the petitioner on 15/7/2010. It is the case of the Panchayat that the petitioner did not submit any reply to Ext.R1 (b). It is thereafter that the petitioner submitted a completion plan on 13/1/12 by registered post and that according to the respondents, thereupon the petitioner was informed that his request can be considered only after complying with Ext.R1(b).

(3.) IN such circumstances, I direct that, on the production of a copy of this judgment, Panchayat will examine as to whether any reply to Ext.R1(b) has been received as claimed by the petitioner and if the reply has in fact been received, Panchayat will finalise the proceedings with notice to the petitioner and as expeditiously as possible at any rate within 6 weeks thereafter. On such finalisation, depending upon its outcome, necessary action shall be taken on the request of the petitioner for numbering the building. Writ petition is disposed of as above.