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2017 Supreme(Ker) 81

MOHAN M.SHANTANAGOUDAR, ANIL K.NARENDRAN
JILMON JOHN – Appellant
Versus
MANAKAD GRAMA PANCHAYATH CHITTOOR – Respondent


Advocates Appeared:
For the Appellant : ADVS. SRI.S. SREEKUMAR (SR.), SRI. MATHEW JOHN (K)
For the Respondent: ADV. SRI. P. RAVINDRAN (SR.), ADV. SRI. M.H. HANIL KUMAR, ADV. SRI. T. NAVEEN (SC), ADV. SRI. RAJAN VISHNURAJ, ADV. SRI. V. HARISH, SR. GOVERNMENT PLEADER SRI. TEKCHAND

JUDGMENT :

Anil K. Narendran, J.

This appeal arises out of the judgment of the learned Single Judge dated 9.2.2016 in W.P.(C).No.38356/2016.

2. The appellants herein filed that Writ Petition seeking a writ of certiorari to quash Exts.P16 and P19 proceedings of the 2nd respondent, the Secretary of Manakad Grama Panchayat, and for other consequential reliefs.

3. By Ext.P16 proceedings, the 1st appellant was informed that his application for building permit for the purpose of establishing a bitumen mixing unit (hot mix plant/drum mix plant) in the plot having an extent of 2.72 Acres in Sy.Nos.170/7, 8, 9, 10 and 11 of Manakad Village in Thodupuzha Taluk, falls under 'Group I Hazardous' non-residential occupancy under Note (ii) to Rule 34(2) of the Kerala Panchayat Building Rules, 2011 (for brevity, 'the Building Rules') as described under Rule 34(3)(l) of the said Rules and as such, layout approval of the Chief Town Planner, as per Rule 61 of the said Rules, etc. are necessary for considering his request.

4. By Ext.P19 proceedings, the 1st appellant was informed that, since he has already made permanent construction of plant, building, etc. in the plot in question, such constructions will






























































































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