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2017 Supreme(Ker) 458

SHAJI P.CHALY
T. V. RAMAN – Appellant
Versus
STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, SECRETARIAT – Respondent


Advocates Appeared:
FOR THE PETITIONER: LEKHA SURESH, ASHOK SURESH
FOR THE RESPONDENTS: RON BASTIAN, SANTHOSH P. PODUVAL

JUDGMENT :

Petitioners who are joint owners of an extent of 8.9 Ares of land situate in Survey Nos.1866/10 and 11866/11 of Thrissur Village, Thrissur Taluk and District, applied for permission to construct an eight storeyed building with basement in the said property before the additional 4th respondent, Thrissur Municipal Corporation. Along with the application for building permit, Ext.P1 plan for securing an initial No Objection Certificate (NOC) from the 2nd respondent was also submitted, which was forwarded by the additional 4th respondent to the 2nd respondent. The 2nd respondent after verifying and approving the plan, issued Ext.P2 No Objection Certificate.

2. On the basis of Exts.P1 and P2, additional 4th respondent issued Ext.P3 building permit to the petitioners for construction of the Apartment Complex, as per Ext.P1 approved building plan. Petitioners completed the construction of the building as per Ext.P3 permit during the year 2015 by employing a builder. The Apartment units were sold to several persons. After completion of the construction, petitioners applied for and obtained Ext.P4 permit from the Kerala State Pollution Control Board. However, when applied for final














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