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RAPPAI, AGED 50 versus THEKKUMKARA GRAMA PANCHAYATH

High Court of Kerala

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RAPPAI, AGED 50 v. THEKKUMKARA GRAMA PANCHAYATH - WP(C) No. 33261 of 2006(I) [2007] RD-KL 5028 (8 March 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 33261 of 2006(I)

1. RAPPAI, AGED 50,
... Petitioner

2. MARIYAM, D/O.ANTHONY,

Vs

1. THEKKUMKARA GRAMA PANCHAYATH,
... Respondent

2. STATE OF KERALA,

For Petitioner :SRI.G.SREEKUMAR (CHELUR)

For Respondent :SRI.C.A.CHACKO

The Hon'ble MR. Justice PIUS C.KURIAKOSE

Dated :08/03/2007

O R D E R

PIUS C. KURIAKOSE,J.


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W.P.(C)No.33261 of 2006
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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.

2. The Panchayat has filed a counter affidavit. In paragraph 4 of the counter affidavit it is stated as follows:

"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


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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