IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
GEORGE K EAPEN – Appellant
Versus
PUTHUPALLY GRAMA PANCHAYAT – Respondent
WP(C) NO. 25865 OF 2025
| Table of Content |
|---|
| 1. challenges regarding non-compliance with statutory requirements due to road notification status. (Para 1 , 2) |
| 2. court directives based on precedent and current case circumstances. (Para 3 , 4) |
JUDGMENT
The above writ petition is filed seeking the following reliefs:
“I. Issue a writ of mandamus or any other appropriate writ, order or direction commanding the 2nd respondent to consider and pass orders on Exhibit P8 representation on merits, within a time frame deemed fit by this Honourable Court;
II. Issue a writ of mandamus or any other appropriate writ, order or direction commanding the 2nd respondent to number the residential house of the petitioner, without insisting for the compliance of the mandate contained in Section 220 (b) of the Kerala Panchayat Raj Act ;
III. Dispense with the filing of the English translation of the vernacular documents, as the petitioner undertakes to produce the same as and when directed by this Honourable Court IV. Grant such other and further reliefs which are just and reasonable under the nature and circumstances of the case.”
[SIC]
2. The petitioner is aggrieved by non-consideration of Ext.P8 representation seeking for numbering the residential house constructed by the petitioner without insisting for the compliance of the mandate contained in Section 220 (b) of the Kerala Panchayath Raj Act, for the reason that the road abutting the property of the petitioner is not notified in terms of Section 220 (b) of the Act. The petitioner also relied Ext.P7 judgment of this Court.
3. Heard the learned counsel appearing for the petitioner and the Standing Counsel appearing for the Panchayath.
4. When this Writ Petition came up for consideration before this Court on 24.11.2025, this Court directed the counsel appearing for the Panchayath to verify whether the road is notified as contemplated in Section 220 (b) of the Panchayath Raj Act. The counsel for the Panchayath submitted that it is not notified. If that be the case, the point raised by the petitioner is covered in favour of the petitioner in Ext.P7 judgment. In Ext.P7 judgment it is clearly stated that, without notifying a road within the Panchayath area by the Panchayath, the Panchayath is not at liberty to insist for compliance of the imperative contained under Section 220 (b) of the Panchayth Raj Act. In the light of the same, the prayers in this writ petition is to be allowed.
Therefore, this Writ Petition is allowed in the following manner:
1. The 2nd respondent is directed to consider Ext.P8 representation and to number the residential house of the petitioner, without insisting for the compliance of the mandate contained in Section 220 (b) of the Kerala Panchayath Raj Act, if the application of the petitioner is otherwise in order, within a period of two weeks from the date of receipt of a certified copy of this judgment.
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