IMPORTANT POINTS
At that stage of the proceedings, it is for the Secretary to identify whether the appellant is entitled to secure occupancy certificate and the building number-The owner of the building has carried out any construction violating the building permit the Secretary is vested with ample powers to identify the same and then act in terms of the Rules, 2011.

JUDGMENT :

SHAJI P. CHALY, J.

This writ appeal is filed by the petitioner in W.P.(C) No.34707 of 2019 challenging the judgment dated 15.01.2020 of the learned Single Judge dismissing the writ petition holding that since a suit is pending before the Munsiff's Court, Irinjalakuda by and between the appellant and the third respondent i.e., one K.P. Jayasankar, the appellant has not made out any case of arbitrariness or illegality justifying interference of this Court in Ext.P3 order issued by the Secretary of the Grama Panchayat dated 30.11.2019 declining building number to the appellant. The validity of the said judgement is under challenge in this appeal.

2. Brief material facts for the disposal of the writ appeal are as follows:

The appellant is the owner of properties situated in Survey Nos. 442/1-1, 449/07 and 437/10-1 of Amballoor Village, Thrissur District. The appellant secured a building permit, and approved plan from the secretary of the first respondent Grama Panchayat which are dated 08.03.2018. After the completion of the construction of the building, the appellant submitted application dated 20.11.2019 to the second respondent i.e., the Secretary of the first respondent Grama Panchayat for issuing occupancy certificate and assignment of building number to the building constructed; but the same was rejected by the Secretary of the Grama Panchayat stating as follows:

“A5/7826/2019

Date: 30.11.2019

From,

Secretary,

Alagappanagar Grama Panchayat.

To,

Sri. Narayanan,

Kalarikkal House,

Amballoor, Alagappanagar P.O.

Sir,

Sub: Decision regarding the application to assign building number-regarding.

Ref: 1. Permit No. A5-BA(48318) 2018 dated 08.03.2018 issued from this office.

2. Your application No.A5/7826/2019 dated 20.11.2019 for obtaining building number.

3. I.A.No.5269/2019 filed by Sri. K.P. Jayasankar before the Munsiff's Court, Irinjalakuda.

Building permit first under reference has been sanctioned to you from this office for construction of residential building having an area of 188.4 sq. mtr. in 27.07 Ares property in Sy. No. 442/1-1, 449/07, 437/10-1 of Amballoor Village in Alagappanagar Grama Panchayat; and you submitted application second under reference for obtaining building number after completion of the construction of residential building having area of 229.51 sq. mtr. However, case third under reference has been filed stating that during the construction of the said building, the natural drainage in the property was altered and earth has been levelled in such a manner of flowing water to the property of Sri. K.P. Jayasankar, Kalarikkal House, Amballoor, and therefore a wall has to be constructed to prevent the flow of rain water to his property. Therefore, it is informed that further action pursuant to your application can be taken only based on the directions from the Court.”

It was aggrieved by the action of the Secretary, the writ petition was filed.

3. Admittedly, the suit filed by the third respondent as O.S. No. 228 of 2019 against the appellant, his wife, the Panchayat and the State of Kerala, is pending consideration before the Munsiff's Court, Irinjalakuda. The reliefs sought for in the suit produced as Annexure A in the writ appeal, read thus:

1. Mandatory injunction against defendants for built up Blocking Wall/retaining wall in between plaint 'A' and 'B' schedule properties and C & D schedule properties for stop flow of water on cost of defendants within a stipulated time span, failing which may allow the plaintiff for completion of the same on cost of defendants in the suit.

2. Prohibitory injunction against 1st and 2nd defendants either their men or agents from debasing 'B' schedule property and again against spilling dirty/mud/rain water to A & D schedule properties from B, C properties.

3. Directing the 3rd defendant to hold the process of issuing House number to the first defendant which the house newly built in 'B' scheduled property till disposal of this suit.

4. The cause of action for the suit is that the defen