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2013 Supreme(Ker) 231

A.M.SHAFFIQUE
C. A. Krishnankutty – Appellant
Versus
State of Kerala represented by its Addl. Chief secretary Department of Revenue, Thiruvananthapuram – Respondent


Advocates Appeared:
For the Petitioner:V. Philip Mathew, Advocate.
For the Respondents:R1 to R4, R7 & R8, Noushad Thottathil, Government Pleader, R5 & R6, P.J. Vivek Varghese, Varughese M. Easo, Advocates.

Judgment

1. The petitioner has constructed a commercial building in an extent of 91 sq.meters of land, after obtaining a valid building permit. But when the petitioner approached the Panchayath for numbering the building, on the basis of certain complaints received by the Secretary of the Panchayath, an enquiry was conducted. Initially, the complaint was that the petitioner has trespassed into puramboke land. That was verified through the Taluk Surveyor and it was found that the petitioner has not trespassed into any puramboke land. Thereafter, the Panchayath issued another notice to the petitioner complaining that he does not have three meters frontage from the existing road and hence the construction is unauthorised. On that premise, Ext.P11 notice has been issued to the petitioner stating that there is violation of Section 220(b) of the Kerala Panchayath Raj Act (hereinafter referred as the Act) and therefore the portion abutting three meters from the road portion has to be demolished for giving number to the building. The petitioner submitted a reply Ext.P12 stating that for small plots no building permit is required and therefore the Panchayath should not insist for such a requ


















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