ANTONY DOMINIC, J.CHELAMESWAR
M. M. Meethian Kunju – Appellant
Versus
State Of Kerala, Represented By The Secretary to Government – Respondent
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 Mu
3. Universal Imports Agency v. Chief Controller [AIR 1961 SC 41]
5. Sri.Vijayalakshmi Rice Mills v. State of A.P. [AIR 1976 SC 1471]
7. P.Mahendran v. State of Karnataka [AIR 1990 SC 405]
10. (2007) 11 SCC 40 (Municipal Corporation
1. Howrah Municipal Corporation v. Ganges Rope Co. Ltd. [(2004) 1 SCC 663]
4. State of M.P. v. Tikamdas [(1975) 2 SCC 100]
6. K.Kapen Chako v. Provident Investment Co. [(1977) 1 SCC 593]
8. Southern Petrochemical Industries Co. Ltd. v. Electricity Inspector & Etio [(2007) 5 SCC 447]
9. (2004)1 SCC 663 (Howrah Municipal Corporation v. Ganges Rope Co. Ltd.)
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