J U D G M E N T

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The petitioner, who is owner of 6.27 Ares of land along with an old house in Melur Village of Chalakudy Taluk in Thrissur District, is before this Court seeking to direct the 2nd respondent to issue building numbers to the building of the petitioner which is constructed in accordance with the Building Permit.

2. The petitioner states that the predecessor-in-

interest of the property now owned by the petitioner, obtained the property as per Ext.P4 Purchase Certificate issued under the Land Assignment Rules. After purchase of the property, the petitioner submitted an application for Building Permit for construction of a Residential-cum-Commercial building in the land. The petitioner was issued with Ext.P5 Building Permit.

3. The petitioner states that after completion of construction of the ground floor of the building, the petitioner applied for numbering the building. The petitioner was informed that the building cannot be numbered since his property was described as assigned land and consequently the construction becomes illegal. As per Ext.P7 communication, the petitioner was required to surrender the Building Permit. The petitioner submitted Ext.P8 reply to Ext.P7 notice pointing out that the petitioner has constructed the building strictly as per the Building Permit issued by the Panchayat. However, the petitioner was served with Ext.P9 communication stating that no permit can be granted to the petitioner since the property is an assigned land.

4. The petitioner states that he started construction of the building only after obtaining a Building Permit from the Panchayat. Ext.P4 Purchase Certificate does not in any manner prohibit construction of a building in the land assigned. Therefore, Exts.P7 and P9 orders are illegal and unsustainable.

5. According to the petitioner, the conduct of the respondents in not numbering the building and issuing Occupancy Certificate to the building constructed by the petitioner after obtaining a Building Permit, is illegal and unsustainable. At any rate, the petitioner intends to start only agricultural based allied business in the commercial area of the building being constructed. Therefore, the respondents are compellable to number the building and issue Occupancy Certificate to the petitioner.

6. Respondents 1 and 2 resisted the writ petition.

The Government Pleader representing the 1st respondent- State of Kerala and the Standing Counsel representing the 2nd respondent-Melur Grama Panchayat pointed out that Ext.P4 Purchase Certificate under which the land was assigned to the predecessor-in-interest of the petitioner was for the purpose of agriculture. When a Purchase Certificate is issued under the Kerala Land Assignment Rules for the purpose of agricultural activity, the said land cannot be utilised for any purpose other than of agricultural activities. The petitioner is constructing a building, which is partly going to be used for commercial purpose. This is impermissible.

The writ petition is therefore liable to be dismissed.

7. I have heard the learned counsel for the petitioner, the learned Government Pleader representing the 1st respondent and the learned Standing Counsel representing the 2nd respondent.

8. The petitioner is the owner of 6.27 Ares of landed property in Melur Village. The petitioner obtained the property as per Ext.P1. The land was originally assigned by way of a Purchase Certificate issued under the Kerala Land Assignment Rules, 1964.

9. The petitioner wanted to construct a building for residential purpose and partly for commercial purpose. The petitioner applied for a Building Permit to construct a Residential-cum-Commercial building. The petitioner was issued Ext.P5 Building Permit. After the construction of the ground floor, when the petitioner applied for numbering the building, the respondents have taken a stand that the land was originally assigned under the Kerala Land Assignment Rules, for agricultural purpose and therefore a comm