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2012 Supreme(Ker) 670

K.SURENDRA MOHAN
M. Mukundan Menon (Deceased) – Appellant
Versus
State of Kerala – Respondent


Advocates appeared:
For the Petitioners:Joseph Kodianthara (Sr.), V. Abraham Markos, Mathews K. Uthuppachan, Binu Mathew, Terry V. James, B.J. John Prakash, Tom Thomas (Kakkuzhiyil), Advocates.
For the Respondents:R2 & R3, S. Chandrasenan, Advocate, R1, S. Jamal, Government Pleader.

JUDGMENT

K. Surendra Mohan, J.

1. This writ petition is filed challenging Ext.P5 proceedings issued by the third respondent revoking the building permit issued to the petitioners.

2. The petitioners had applied for the issue of a building permit for the construction of a multi storied commercial building. As per Ext.P1, the application of the petitioners was allowed and a building permit was issued to them. Later on, the petitioners submitted an application for a revised building permit and Ext.P2 revised building permit was also issued, subject to the conditions appended thereto. Ext.P3 shows that the petitioners had also remitted the requisite fee for grant of the building permit. Ext.P3 shows that the fee amounted to Rs. 44,59,562/-. On the basis of Exts.P1 and P2, the petitioners commenced construction of the building. As the construction was progressing, the petitioners were served with Ext.P4 directing them to show cause why action for revocation of the building permit should not be initiated against them. Ext.P4 has been issued on the basis of a report submitted by the Senior Town Planner (Vigilance) who appears to have conducted an inspection of various building sites withi
























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