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2015 Supreme(Ker) 544

ASHOK BHUSHAN, A.M.SHAFFIQUE
KANNUR MUNICIPALITY – Appellant
Versus
NAFEESA YOUSF – Respondent


Advocates:
Advocate Appeared:
FOR THE APPELLANT :SENIOR ADVOCATE SRI.K.K.CHANDRAN PILLAI, SRI.THOMAS JAMES MUNDACKAL, SRI.ARUN ANTONY
FOR THE RESPONDENT: SRI.P.NARAYANAN

JUDGMENT

Shaffique, J

Respondents 1 and 2 in W.P.C.No.29402 of 2013 are the appellants, who challenge the judgment dated 14/2/2014, by which the learned Single Judge allowed the writ petition filed by respondents 1 to 5 herein and directed the appellant Municipality to take appropriate decision on the application for building permit afresh.

2. The short facts involved in the writ petition are as follows:

Petitioners submitted an application for construction of a building in an extent of 12.786 Ares of property in R.Sy.No. 559/1 and 559/2 of Kannur 2 village. The said application was rejected by Ext.P2 order dated 09/10/2013 on the ground that as per the master plan published by the Municipality, there is a proposal to widen the road by 21 meters and therefore building could be constructed only after leaving a distance of 13.5 m from the central line of the road. In the plan submitted by the petitioner, the distance from the central line of the road is only 6.5 m, and hence violates Rule 25 (2) of the Kerala Municipality Building Rules (hereinafter referred to as 'KMBR'). Petitioners contended that the reasons stated for rejecting the application for building permit was absolutely bas




















































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