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Judgment
A.J. Desai, C.J.
By way of the present appeal filed under Section 5 of the Kerala High Court Act, 1958, the original petitioner has challenged the judgment dated 20.06.2023 in W. P. (C) No. 986 of 2023 by which the learned Single Judge dismissed the writ petition filed against Ext. P5 order passed by the 2nd respondent, wherein the request made by the petitioner for grant of occupancy/assignment of building number was rejected for the reason that access width at the entrance to the compound wall of the plot to the building is only 4.58 meters, which runs counter to the minimum width of access of 7 meters warranted for Occupancy Group – I under Table 8A of Rule 28 of the Kerala Panchayat Building Rules, 2019.
On 11.08.2023, after hearing the matter for some time, the following order was passed:-
“Learned Senior Advocate appearing for the appellant states that he shall file appropriate application before the Panchayat for access to the store room where he wants to store the cylinders, clarifying the area of loading and unloading from the road, where the width of the road is 7 meters. He further states that he shall provide a copy of the application to the Deputy Chief Controller of Explosives, Ernakulam, the 8th respondent, with regard to the intention of keeping the width of the gate at 1.2 meters as provided under the Rules. Such application shall be made within a period of three days from today.
The Panchayat shall consider the application in accordance with the provisions of law, pass appropriate orders and place an affidavit before this Court.”
As directed by this Court, an affidavit has been filed by the Secretary of Vettom Grama Panchayat dated 22.08.2023, wherein it is stated that the Panchayat has conducted an inspection on 18.08.2023 and found that 1.2 meters width access to the storeroom has been provided by the appellant as per the Gas Cylinder Rules, 2016. It is also stated that the Panchayat has issued building number to the building of the appellant for Gas Cylinder Godown.
In view of the affidavit filed by the Panchayat, we are of the view that nothing survives in this appeal for further consideration. The Panchayat shall do the needful within a period of two weeks from today.
The writ appeal is accordingly closed.