SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2008 Supreme(Ker) 445

PIUS C.KURIAKOSE
Thripoonithura Municipality – Appellant
Versus
Ansal Buildwell Ltd – Respondent


Advocates Appeared:For the Petitioner:V.M. Kurian, Mathew B. Kurian, K.T. Thomas, Advocates. For the Respondents:R1, Joseph Kodianthara, Terry V. James, Joseph Markose, Advocates.

Judgment :

The Thripunithura Municipality challenges Ext.P6 order passed by the Tribunal for Local Self Government Institutions allowing an appeal filed by the 1st respondent-builder against the Municipality’s order declining building permit for the construction of an additional floor over a four storied building already permitted to be constructed under Ext.P2 dated 27.6.2007. Ext.P1 is true copy of the certificate from the Fire Department issued in favour of the 1st respondent in respect of the four storied building permitted under Ext.P2. Ext.P3 is copy of the revised plan submitted by the 1st respondent to the Municipality proposing to add one more floor to the building under construction on the strength of Ext.P2. The Municipality points out that the building is proposed to be constructed by the 1st respondent on a plot has got access from public road through a 5.5 meter wide road and that the building does not abut any public road. That being the position, the Municipality could not have granted permission for construction of additional floor since such permission would violate Rules 117 and 50 of the KMBR, 1999. Accordingly, Ext.P4 order declining permit was issued. Against E



















Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top