JUDGMENT

This writ petition is filed with following prayers:

i. Issue a writ of certiorari, calling for the records leading to EXHIBIT P5 order and further to quash the same.

ii. Issue a writ of mandamus commanding the 2nd respondent to consider Exhibit P7 affidavit and further to issue provisional number to petitioner’s newly constructed building, iii. to dispense with the translation of the documents produced in Vernacular Language.

iv. Issue such other appropriate writ, order or direction as this Honourable Court deems fit and proper, in the circumstances of the case.

(SIC)

2. Petitioner constructed a commercial building as per Ext.P1 building permit issued by the 2^nd respondent. After completion of the building, the petitioner submitted Ext.P3 application before 2^nd respondent for issuance of building number. It is submitted that, vide Ext.P5 order, the petitioner was informed that the building number can be issued only after taking final decision with respect to the boundary dispute between the petitioner and his neighbour, According to the petitioner, he spent huge amount for completing the construction of the said building and the petitioner submitted Ext.P6 application along with Ext.P7 notarized affidavit expressing his willingness to make necessary changes to the building at his own cost, once any adverse order with respect to the boundary dispute is passed against him in future. It is also the case of the petitioner that civil disputes are pending before the civil court. But according to the petitioner, there is no violation of the orders passed by the civil court while constructing the building. Hence this writ petition.

3. Heard the learned counsel for the petitioner and the learned Standing Counsel for the Panchayat. I also heard the learned cousnel for the 3^rd respondent.

4. The counsel for the petitioner reiterated the contention raised in this writ petition. The counsel submitted that the Panchayat has not taken any decision as evident from Ext.P5 itself. The counsel submitted that there may be a direction to the Panchayat to decide the issue after hearing all the affected parties in accordance with law. The counsel for the 3^rd respondent submitted that a suit is pending before the Munsiff’s Court, Kattappana and there is an injunction order. The petitioner violated the same and a violation petition is also pending before the court. The Standing Counsel for the Panchayat submitted that a report from the Taluk Surveyor is necessary, a request is already submitted and once the same is received, the Panchayat will take appropriate decision.

5. After hearing bot h sides, I think this writ petition need not be retained here. A perusal of Ext.P5 and also the submission of the Standing Counsel for the Panchayat it is clear that the Panchayat is ready to take a decision once the report from the Taluk Surveyor is received. If that is the case, once the report is received, after giving an opportunity of hearing to the petitioner and the 3^rd respondent, the Panchayat will take appropriate decision on merit in accordance with law.

Therefore, this Writ Petition is disposed of in the following manner:

1. Respondents 1 and 2 will give an opportunity of hearing to the petitioner and the 3^rd respondent, and decide the question of numbering the building, once the report from the the Taluk Surveyor is received, as expeditiously as possible, at any rate, within two months from the date on which the report from the Taluk Surveyor is received.

2. All the contentions raised by the petitioner and the 3^rd respondent are left open and the Panchayat will decide the same in accordance with law.

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