Shaffique, J. In this Writ Appeal, the appellant is challenging the judgment dated 15-10-2014 in Writ Petition No. 22540/2014. The Writ Petition was disposed of at the admission stage itself. It was filed seeking a direction to the respondent/Panchayath to issue number to the petitioner's building which was constructed in Re-survey No. 353/9-A of Nagaroor Village of Chirayineezhu Taluk. Petitioner also challenges Ext. P4 by which her application for assigning building number was rejected on the ground that a case was pending consideration before Court.
2. In fact the learned Single Judge refused to interfere in the matter on account of pendency of a civil suit. The suit was filed by the addl. third respondent in the Writ Petition and an injunction was granted restraining the petitioner from demolishing the eastern and southern boundary wall of the plaint schedule property until further orders. Ext. P3 is the said interim oder.
3. Learned counsel for the petitioner submits that the Panchayath has no right to deny building number on the ground of pendency of civil suit or interim injuntion. The civil suit was concerned only with reference to demolition of the eastern and southern boundary wall of the plaint schedule property. It has nothing to do with the numbering of the building. That apart, the building is constructed in accordance with the building permit. The Learned counsel for the appellant also submits that, at best, she should be given the benefit of providing a provisional number, and if at all the Panchayath has a contention that if any provision in the Building Rules have been violated, it was always open for the Panchayath to take appropriate action in accordance with law. Even otherwise, a direction should have been issued for giving provisional number subject to the final result in the suit. According to the appellant, her father is a cancer patient and unless provisional number is received, she may not get the electricity connection in the building in question.
4. Heard the learned counsel for the Panchayath. He submits that there is substantial violation in respect of the building in question and the Panchayath has taken necessary action.
5. Having regard to the facts and circumstances of the case, if the building is not constructed in accordance with the building permit/plan or in violation of the Building Rules, it is always open for the Panchayath to take appropriate action in accordance with law. However, as matters stand now, the number of the building has been refused only on the ground that a civil suit is pending, a perusal of Ext. P3 interim order, it only indicates that the restriction imposed on the petitioner is not to demolish the eastern and western boundary wall of the property. As far as the building is concerned, there is no restriction imposed by the civil court. Under such circumstances, we are of the view that as matters stand now, nothing prevents the Panchayath for giving a provisional number, at least to obtain the electricity connection which she requires for the building. But this is without prejudice to the Panchayath authorities to take appropriate action in accordance with the procedure prescribed.
In the result , this Writ Appeal is disposed of as under:-
The Panchayath shall assign a provisional number to the petitioner's building within a period of three weeks from the date of receipt of a copy of this judgment. Numbering of the building will be provisional and will be subject to the final result of the suit as well as any further action that may be taken by the Panchayath, in this matter.
Sd/- ASHOK BHUSHAN , Ag. CHIEF JUSTICE ani/16th Sd/- A.M.SHAFFIQUE, JUDGE /truecopy/ P.S.toJudge