IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946 WP(C) NO. 36400 OF 2017 PETITIONER: G. SUBRAMONIA WARRIER S/O. S. GOVINDA WARRIER, AGED 65, RESIDING AT PUTHEN BENGLAVIL WARRIEM, MAHADEVASWARAM, KILIMANOOR,THIRUVANANTHAPURAM - 695 601. BY ADVS. SRI.K.C.ELDHO SRI.ANEESH JAMES SRI.JIJO THOMAS SRI.MALLENATHAN.M. RESPONDENTS: 1 PAZHAYAKUNNUMMEL GRAMA PANCHAYAT KILIMANOOR P.O, THIRUVANANTHAPURAM - 695 601 REPRESENTED BY THE SECRETARY. 2 THE SECRETARY PAZHAYAKUNNUMMEL GRAMA PANCHAYAT, KILIMANOOR P.O, THIRUVANANTHAPURAM - 695 601. BY ADVS. SMT.RENY ANTO SRI.K.SIJU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.36400 of 2017 2 P.V.KUNHIKRISHNAN, J. --------------------------------------------- W.P.(C) No. 36400 of 2017 ------------------------------------------------------ Dated this the 12th day of April, 2024. JUDGMENT This writ petition is filed seeking the following reliefs: “a) Set aside Exhibit P16 order of the Tribunal for Local Self Government Institutions, Thiruvananthapuram and allow Exhibit P14 revision petition b) Call for the records leading to Exhibit P11, Exhibit P12 and Exhibit P13 and quash the same by issue of a writ of certiorari or any other appropriate writ, order or direction. c) Issue a writ of mandamus or any other appropriate, writ, order or direction compelling the 2nd respondent to allot building numbers to each of the shop rooms in the petitioner's building. d) Issue such other writ, order or direction as this Hon'ble Court deem fit while W.P.(C) No.36400 of 2017 3 considering the peculiar circumstances of the case”[SIC] 2. The petitioner is aggrieved by the rejection of an application for allotting building permit. The Panchayat rejected the same and the appeal filed against the same is also dismissed. The matter was taken up before the Tribunal for Local Self Government Institutions and the Tribunal also dismissed the same as per Ext.P16. Aggrieved by the same, this Writ petition is filed. 3. This Court perused the impugned order. The fact finding authority considered the matter in detail and rejected the application. The jurisdiction of this Court to interfere with the same is very limited under Article 226 of the Constitution of India. But if there is any provision for regularisation of the construction, the petitioner W.P.(C) No.36400 of 2017 4 can be given liberty to do the same in accordance with law. Therefore, this Writ Petition is disposed of in the following manner: 1. The petitioner is free to file a regularisation application, if it is permissible under law, before the 1st respondent within one month from the date of receipt of a copy of this judgment. 2. If such an application is received, the 1st respondent Panchayat will consider the same untrammeled by any observation in the impugned order. Sd/- P.V.KUNHIKRISHNAN JUDGE DM W.P.(C) No.36400 of 2017 5 APPENDIX OF WP(C) 36400/2017 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE BUILDING PERMIT DATED 07-06-2014 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXHIBIT P2 A TRUE COPY OF THE APPROVED PLAN OF THE BUILDING OF THE PETITIONER. EXHIBIT P3 A TRUE COPY OF THE ORDER DATED 31- 07-2014 OF THE CHIEF ENGINEER (PROJECTS), KSTP. EXHIBIT P4 A TRUE COPY OF THE ORDER DATED 05- 09-2014 OF THE CHIEF ENGINEER, IRRIGATION AND ADMINISTRATION, THIRUVANANTHAPURAM. EXHIBIT P5 A TRUE COPY OF THE LETTER DATED 18-09-2014 ISSUED BY THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION. EXHIBIT P6 A TRUE COPY OF THE APPLICATION DATED 29-10-2014 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P7 A TRUE COPY OF THE STOP MEMO DATED 10-10-2014 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P8 A TRUE COPY OF THE ORDER OF STAY DATED 27-10-2014 OF THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM IN APPEAL NO.1144 OF 2014. EXHIBIT P9 A TRUE COPY OF THE JUDGMENT DATED 13-05-2014 OF THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM IN APPEAL NO.1144 OF 2014. W.P.(C) No.36400 of 2017 6 EXHIBIT P10 A TRUE COPY OF THE APPLICATION DATED 05-01-2015 SUBMITTED BY THE PETITIONER FOR GETTING SEPARATE BUILDING NUMBER ALONG WITH THE COMPLETION PLAN. EXHIBIT P11 A TRUE COPY OF THE ORDER DATED 19- 12-2015 OF THE 2ND RESPONDENT. EXHIBIT P12 A TRUE COPY OF THE DECISION NO.VI(2) DATED 20-6-2016 OF THE PANCHAYAT COMMITTEE OF THE FIRST RESPONDENT PANCHAYAT. EXHIBIT P13 A TRUE COPY OF THE NOTICE DATED 12-07-2016 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P14 A TRUE COPY OF THE MEMORANDUM OF REVISION PETITION IN R.P.NO.68 OF 2016 ON THE FILE OF THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS. EXHIBIT P15 A TRUE COPY OF THE STATEMENT OF OBJECTIONS FILED BY THE RESPONDENT IN R.P.NO.68 OF 2016 BEFORE THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS. EXHIBIT P16 A TRUE COPY OF THE ORDER DATED 04- 10-2017 OF THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM IN REVISION PETITION NO.68 OF 2016. EXHIBIT P17 PHOTOGRAPHS OF THE PRESENT STATE OF THE PETITIONER'S BUILDING. RESPONDENTS EXHIBITS: NIL //TRUE COPY// PA TO JUDGE