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2003 Supreme(Ker) 480

M.RAMACHANDRAN
V. C. Joseph – Appellant
Versus
The State of Kerala – Respondent


Judgment :-

Puthupally Grama Panchayat-4th respondent in this writ petition had issued Ext.P5 on 09-05-2003 in favour of the Associate Banks Officers Association Education Trust, Kottayam (herein after referred to as the Trust) a building permit, where under the Trust was authorised to put up buildings in Sy.No. 37/4 of Puthupally Village. According to the petitioner, who is the proprietor of M/s/ Vazhathara Metals and Granite products, this was illegal and irregular and he submits that such proceedings are liable to be quashed. The petitioner has also prayed for further relief’s of setting aside Ext. P6, Proceedings of the Chief Town Planner dated 04-03-2003 issued by the Kerala State Pollution Control Board, which are documents referred to in Ext.P5 permit.

2. The Chief Town Planner, by Ext.P6, had approved the lay out for construction of the school building in the above said premises, on condition that No objection certificate from the Pollution Control Board was to be obtained. The Pollution Control Board, by Ext.P7, had issued such NOC for the proposed school building. The report of the Pollution Control Board refers to the existence of the petitioner's unit which is a metal






















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