ALEXANDER THOMAS, J. ======================= =======================

Dated this the 4 th day of March, 2020 J U D G M E N T

The case set up in this Writ Petition (Civil) is as follows:

That the petitioner though had constructed the ground floor of a commercial building strictly in terms of Ext.P3 order, the Panchayat is reluctant to assign building number and occupancy certificate for reasons best known to them. It is true that a revised plan is being submitted with respect to rest of the floors of the building but that cannot be a reason for not assigning building number and occupancy certificate for the ground floor of her building which has already been regularized vide Ext.P2 Government Order. The denial of the Panchayat in granting occupancy certificate and building number to the ground floor of the petitioner's building besides being very illegal, arbitrary and ultra vires is infringing on the petitioners' fundamental right as envisaged under Article 19(1)(g) of the Constitution of India.

2. The petitioner has also pointed out the following aspects : a)

That the petitioner after a long and hard-fought battle up to the Tribunal for Local Self Government Institutions got the construction of ground floor of the building regularized.

b) That the petitioner had completed the ground floor of the building strictly in terms of Ext.P3 order and applied for assignment of building number for the same.

c) That the Panchayat in gross violation of the building rules and other applicable laws had not cared to grant building number to the ground floor of the building.

3. It is in the light of these averments and contentions, the petitioner has filed the instant Writ Petition (civil) with the following prayers :

i)

Issue a writ in the nature of mandamus or any other

appropriate writ, order or direction, directing the 1 st and 2 nd respondents to assign building number to the ground floor of the petitioner's building and to issue occupancy certificate to the

petitioner.

ii)

Issue such other writ, order or direction as this

Honourable Court deems fit and proper in the circumstances of

the case.

4. Heard Sri. Sanil Jose, the learned counsel appearing f0r the petitioner, Sri. George Sebastian, the learned Standing Counsel appearing for respondent Nos. 1 and 2 (Puthuppally Grama Panchayat) and Smt. K. Amminikutty, learned Government Pleader appearing for respondent No. 3, State of Kerala.

5. Sri. Sanil Jose, the learned counsel appearing f0r the petitioner submits that the petitioner had constructed the ground floor of a commercial building strictly in terms of Ext.P3 order and further that the respondent Panchayat is refusing to assign building number and occupancy certificate, which is illegal and unreasonable. Further that the mere facts that the petitioner has submitted a revised plan for the other floors, there is no ground for the respondent Panchayat to refuse assignment of building number and occupancy certificate for the ground floor of the building which is already been regularized by the 3 rd respondent State of Kerala as per Ext.P2 G.O.(Rt) No. 390/2003/LSGD dated

31.01.2003. The challenge made against Ext.P2 Government Order has already repelled by the Tribunal for Local Self Government Institutions, as can be seen from Ext.P4 order dated

14.10.2011.

6. Sri. George Sebastian, the learned Standing Counsel appearing for respondent Nos. 1 and 2, Puthuppally Grama Panchayat, would submit on the basis of instructions that in case the petitioner submits the requisite completion certificate in respect of the ground floor, then the respondent Panchayat will conduct inspection and thereafter will take appropriate decision on the issue of numbering of building and grant of occupancy certificates.

7. The said submissions made on behalf of the respondents are recorded. After hearing both sides, th