V V ABOOBACKER HAJI Vs. SECRETARY CHUNGATHARA GRAMA

JUDGEMENT

(1.) EXTS.P1 and P2 are the building permit and plan approved in favour of the petitioner for setting up a drinking water Plant. Subsequently, Ext.P3 stop memo was issued which was challenged in W.P.(C).1212/2008. During the pendency of that writ petition, building permit itself was cancelled by the Panchayat and that was challenged before this Court in W.P.(C).1947/2008, which was allowed by this Court by Ext.P17 judgment. According to the petitioner, construction was completed and by Ext.P18, he requested the Panchayat to assign building number and to issue the ownership certificate. That was rejected by the Panchayat by Ext.P19 communication stating that they have decided to file appeal against Ext.P17 judgment of this Court. It was in these circumstances, the writ petition has been filed.

(2.) A counter affidavit has been filed by the Panchayat which shows that no appeal has been filed against Ext.P17 judgment. If that be so, the reason mentioned in Ext.P19 to decline the request of the petitioner in Ext.P18 to assign building number and to issue ownership certificate does not survive.

(3.) IN the light of the above, I dispose of this writ petition directing that number assigned and ownership certificate issued will be treated as regular.