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2015 Supreme(Ker) 1052

ASHOK BHUSHAN, K.VINOD CHANDRAN
V. O. DEVASSY – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
Advocate Appeared:
For the Appellant :SRI. K.K.CHANDRAN PILLAI [SENIOR ADVOCATE], SRI.SAJISH PAUL.A.S., SRI.THOMAS JAMES MUNDACKAL, SRI.BOBBY THOMAS.
For the Respondent: SRI.P.I.DAVIS, SRI.C.S.AJITH PRAKASH, SRI.P.V.CHANDRA MOHAN, ADV.SRI.M.A.ABDUL HAKIM

JUDGMENT

Vinod Chandran,J:

The appellant laments that his attempt to construct a three-storeyed building in the property owned by him has been successfully thwarted by the respondent-Municipality, on extraneous considerations, despite a building permit having been issued to him as early as on 08.06.2007 [Exhibit P1].

2. The appellant was issued with Exhibit P1 building permit for construction of a commercial building with Ground Floor, 1st Floor and 2nd Floor and a staircase cabin in Survey No.276/5-3, 5-4, 5-8 and 5-9. The plan of the building [Exhibit P2] is also appended with the permit. While the construction was going on, the 4th respondent herein raised a complaint and also filed a suit; and, on that ground, Exhibit P3 notice dated 01.02.2008 was issued by the Municipality, which effectively was a stop memo directing the construction to be stopped. The appellant approached this Court, obtained a stay at his risk, as is evidenced from Exhibit P4, which writ petition eventually was disposed of by Exhibit P5, directing the appellant to approach the Tribunal for Local Self Government Institutions [hereinafter referred to as "the Tribunal"].

3. On the date of Exhibit P5, i.e. 31.03.2




















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