The main legal point established in the judgment is that the third respondent did not acquire a vested right under the NOC issued by the Panchayat and that the subsequent extension of the Kerala Municipality Building Rules to the Panchayat did not divest the third respondent of the right to construct buildings as originally proposed.

J. Chelameswar, C.J.

1. This writ appeal arises out of a judgment dated 10th November, 2010 in W.P.(C) No.9903 of 2008. The writ petition is filed with the prayers as follows:

"i) Declare that the construction activities by the 3rd respondent in relation to a residential apartment complex by name "Purva Moonreach' on the Airport-Seaport Road within the limits of the 2nd respondent, Thrikkakara Grama Panchayat without obtaining a permit under the Kerala Municipality Building Rules is illegal;

ii) issue an order of injunction restraining the 3rd respondent from continuing with the construction activities in relation to a residential apartment complex by name 'Purva Moonreach' on the Airport-Seaport Road within the limits of the 2nd respondent, Thrikkakara Grama Panchayat without obtaining a permit under the Kerala Municipality Building Rules;

iii) Issue a writ of mandamus or any other appropriate writ, order or direction, commanding respondents 1 & 2 to ensure that the 3rd respondent does not carry on any construction activity in the plot of land owned by them near the property of the petitioners in Thrikkakara Grama Panchayat without obtaining a permit under the Kerala Municipality Building Rules;

iv) Declare that the 3rd respondent cannot put up any construction near the property of the petitioners in Thrikkakara Grama Panchayat in violation of the Kerala Municipality Building Rules and without getting a clearance from the Fire & Rescue Department considering the fact that the plot is adjacent to a huge petroleum outlet;

v) Declare that the 3rd respondent cannot exploit ground water in any manner without obtaining permission under the Kerala Ground Water (Control and Regulation) Act 2000.

va) To declare that the 3rd respondent cannot be permitted to construct a building exceeding floor area of ratio of 2.5 permitted under the Structural Plan (General Town Planning Scheme) notified by the Government of Kerala, as applicable for the areas of Thrikkakara Grama Panchayat; and

vi) Grant such other reliefs as this Honourable Court may deem fit and proper in the circumstances of the case."

2. The appellants are the residents of Ward No.10 of Thrikkakara Grama Panchayat adjoining Ernakulam. They are aggrieved by the construction of a residential complex named "Purva Moonreach" within the territorial limits of the above mentioned Grama Panchayat. The third respondent Company is the builder of the above mentioned residential complex.

3. It appears from the records that the third respondent admittedly proposes to construct two blocks of residential apartments having 30 and 22 floors respectively in a plot of land admeasuring 1.69 acres.

4. The writ petition is filed aggrieved by the said proposal. The appellants/petitioners grievance is two fold (1) that such a construction is without compliance with the Kerala Municipality Building Rules, 1999 and (2) that such construction if it comes into existence would violate the fundamental right under Article 21 of the Constitution of India of the appellants as the construction would adversely affect the sanitation, light, supply of water, etc. to the inhabitants of the Panchayat like the appellants. The appellants also submitted that the State of Kerala has issued a plan in exercise of the power under Section 12 of the Town Planning Act 1108 ME (Travancore Cochin Act) and the Madras Town Planning Act, 1920 under the provisions of which construction of a building with a floor area exceeding 250% of the plot area is impermissible.

5. The third respondent contested the writ petition. By the judgment under appeal the writ petition was dismissed and hence this appeal.

6. At the outset it must be mentioned that the third respondent approached the second respondent Grama Panchayat seeking permission to make the above mentioned construction. The second respondent by a communication dated 30th January, 2006 informed the third respondent that no permission from the second respondent is necessary