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2025 DAILYLAW 7723 (KER)

CHANDRA MOHANAN NAIR v. DIRECTOR OF PANCHAYATHS

WP(C)/13987/2017 · 2025-03-26

Mohammed Nias C P

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:26481 WP(C).NO.13987/2017 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. WEDNESDAY, THE 26TH DAY OF MARCH 2025 / 5TH CHAITHRA, 1947 WP(C) NO. 13987 OF 2017 PETITIONER: CHANDRA MOHANAN NAIR, AGED 69 YEARS, S/O. A.K KRISHNA PILLAI, POORNA PRIYA, PARAKKODU P.O, PARAKKODU MURI, EZHAMKULAM VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT. BY ADVS. SRI.K.S.SIVA KUMAR & SRI.C.B.SREEKUMAR RESPONDENTS: 1 DIRECTOR OF PANCHAYATHS, THIRUVANANTHAPURAM-695 009. 2 DEPUTY DIRECTOR OF PANCHAYATH, PATHANAMTHITTA-689 645. 3 SECRETARY, EZHAMKULAM GRAMA PANCHAYATH, EZHAMKULAM, ADOOR, PATHANTHAMTHITTA-689 611. SMT.SURYA BINOY, SR.GP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:26481 WP(C).NO.13987/2017 2 MOHAMMED NIAS C. P. , J. ====================================== W. P. (C) No. 13987 of 2017 ====================================== Dated this the 26th day of March, 2025 J U D G M E N T The petitioner is stated to be the owner of 33 cents of land and a building in Sy.No.241/2 of Ezhamkulam Village. The petitioner contends that the building had 3 rooms on the ground floor which are shop rooms lying adjacent to the PWD Road. The first floor is used for residential purposes. The petitioner submits that, though the southern shop room was constructed in the year 2006 and completed before 6.6.2007, his application Ext.P1, filed on 19.5.2007 requesting for numbering the shop room by the Panchayat was not being considered On the basis of his complaint before the 2nd respondent, an order was passed by the 2nd respondent, on 27.12.2016, directing the 3rd respondent to allot number to southern shop room of the petitioner. Despite the same, the building was not numbered and this writ petition is filed for a direction to the 3rd respondent to 2025:KER:26481 WP(C).NO.13987/2017 3 allot a building number as per the order given by the 2nd respondent. 2. It is submitted that, pending the writ petition, the petitioner's building was numbered. The petitioner submits that the second prayer in the writ petition is for compensation from the respondents for not numbering the building which forced him to keep the shop room vacant, leading to a huge loss of money. 3. Since the substantial prayer in the writ petition for numbering the building has been granted, though belatedly, I leave open the second prayer sought by the petitioner in this writ petition. The writ petition is accordingly closed without prejudice to the right of the petitioner to seek appropriate proceedings for compensation against the respondents responsible for the delay. Reserving such liberty, the writ petition is disposed of. Sd/- MOHAMMED NIAS C. P., JUDGE MMG 2025:KER:26481 WP(C).NO.13987/2017 4 APPENDIX OF WP(C).NO.13987/2017 PETITIONER'S EXHIBITS: EXHIBIT P1 COPY OF THE RECEIPT DATED BY 19/05/2007 ISSUED BY THE 3RD RESPONDENT SECRETARY, EZHAMKULAM GRAMA PANCHAYATH EXHIBIT P2 COPY OF THE PUBLIC NOTICE DATED 26/06/2007 ISSUED BY THE SECRETARY EZHAMKULAM GRAMA PANCHAYATH EXHIBIT P3 COPY OF THE PETITION DATED 30/12/2014 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT EXHIBIT P4 COPY OF THE PETITION DATED 12/12/2014 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT EXHIBIT P5 COPY OF THE ORDER NO G-4024/16/K.DIS DATED 27/12/2016 OF THE 2ND RESPONDENT