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2009 Supreme(Ker) 847

THOTTATHIL B.RADHAKRISHNAN
BBP Properties Private Limited, Represented by its Director, Mrs. Paramprit Sehra – Appellant
Versus
Chengamanadu Grama Panchayath, Represented by its Secretary – Respondent


Advocates Appeared:For the Petitioner:Rasheed C. Nooranad, S. Shanavas Khan, Advocates. For the Respondents:R1 & R2, C.M. Suresh Babu, Advocate.

Judgment :-

"CR"

1. The petitioner seeks a declaration that it, a builder, is entitled to get building permit for constructing a multi-storeyed apartment as sought for in Ext.P3 application. A direction that the said application be considered in accordance with law within a time frame is also sought for.

2. In its counter affidavit, the first respondent Grama Panchayat, among other things, states that the application of the petitioner for building permit was rejected as per Ext.R1 (e) order dated 16.1.2009.

3. The petitioner contends through its learned counsel that the Grama Panchayat has acted contrary to law in the matter of measuring the width of the approach road and also in relation to different other matters referable to the question whether the petitioner is entitled to the permit in question.

4. Looking at the counter affidavit, an order was issued by this Court on 7.10.2009 requiring the Grama Panchayat to show the material on the basis of which it stands to show that Ext.R1(e) was communicated to the petitioner. This was because, the date of communication of an order adverse to a party applying for a building permit is of great consequence as the law as it now stands incl
















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