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2011 Supreme(Ker) 319

ANTONY DOMINIC, J.CHELAMESWAR
M. M. Meethian Kunju – Appellant
Versus
State Of Kerala, Represented By The Secretary to Government – Respondent


Advocates Appeared:
For the Petitioner:T. Ramprasad Unni, Advocate, K. Ramakumar, Sr. Advocate.
For the Respondent:P.R. Venketesh, Joshua H. Samuel, Advocates, R1 & R4 – C.M. Suresh Babu, Special Government Pleader, R2 – S.Shanavas Khan, Standing Counsel, R3 – K.G. Raghavan, Sr. Advocate.

JUDGMENT

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










































































































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