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2015 Supreme(Ker) 671

A.V.RAMAKRISHNA PILLAI
N. SURESH – Appellant
Versus
STATE OF KERALA – Respondent


Advocates Appeared:
For the Petitioners: SRI.P.CHANDRASEKHAR, SRI. P.A. MOHAMMED SHAH, SRI. SOORAJ T. ELENJICKAL, SMT. P.M. MAZNA MANSOOR
For the Respondents: GOVERNMENT PLEADER SRI.G.GOPAKUMAR, SRI. M.P. ASHOK KUMAR, SMT. BINDU SREEDHAR, SMT. R.S. MANJULA

JUDGMENT :

The petitioner is challenging Ext.P6 Zoning Regulations of the Development Plan for Changanacherry Municipality and Ext.P4 order passed by the second respondent and Ext.P5 consequential notice issued by the 5th respondent to the extent it insists of 12 metre wide gate for a construction of a building above 100 sq. metres in the residential zone.

2. The petitioner alleges that he is the owner in possession of 1 hectres 75 Ares and 49 sq.metres of property situated in Changanacherry Village having a road frontage of 32.75 metres abutting Alappuzha- Changanacherry Highway and the Highway is having a road width of more than 30 metres. The petitioner's project was a venture in Tourism sector, approved by the Government of Kerala in the “Global Investors WPC No.3927/2015 2 meet” which was kicked off by the Stage Government during the year 2002. On 10.10.2005, the second respondent approved the layout by Order No.C3/6645/05/DDS. Consequently on 15.3.2006, the 5th respondent issued a building permit to construct a building having a total area of 2510 sq.metres. On the basis of the approval and permit, the petitioner constructed the building. Later, the petitioner further conducted























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