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2006 Supreme(Ker) 74

S.SIRI JAGAN
George C. Kappan – Appellant
Versus
State of Kerala – Respondent


Judgment :-

The petitioner is challenging Ext.P10 order in this Original Petition. The issue involved is regarding a building constructed by the petitioner. Admittedly, the construction was not in compliance with the building rules applicable. Originally, the petitioner obtained exemption from certain provision of the building rules as per Ext.P2 Government Order, subject to certain conditions. It appears that pursuant thereto, the petitioner did not submit a revised plan before the Municipality, but constructed the building and completed the same in 1990. The Commissioner of the Municipality took objection to the said construction and directed the petitioner to demolish the building since it has been constructed in violation of the Building Rules. The petitioner filed an appeal before the Municipal Council, which took Ext.P5 decision thereon setting aside the order of the Commissioner and directing assessment of the building to property tax. Ext.P5 states that two Members of the Council dissented and demanded that since the building was constructed after obtaining exemption from the Government, the matter should be referred to the Government and sanction obtained. It appears that







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