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2016 Supreme(Ker) 856

K.HARILAL
Manju Radhakrishnan – Appellant
Versus
Secretary, Santhanpara Grama Panchayat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri. M.G. Karthikeyan, Sri. Nireesh Mathew
For the Respondent: Sri. Manzoor Ali

JUDGMENT :

K. Harilal, J.

The petitioner is the owner of a building, for which foundation was laid 35 years back and the construction has been completed later, at different periods. At the time when the foundation was laid, the Kerala Panchayat Building Rules have not come into force. But, now the application for numbering the building has been rejected by Ext.P3 order on the ground that the building does not maintain the sufficient distance from the road and thereby, violates the Building Rules. The legality and propriety of the above reasonings are under challenge in this writ petition.

2. Going by Ext.P6, it is seen that after conducting the site inspection, the Secretary himself observed that the foundation of the building was laid 40 years back and thereafter the petitioner has proceeded with the construction during different periods and finally she completed the building four years back. At that time, building permit was not required for the construction of the buildings in that Panchayat. But, subsequently, on the application seeking numbering of the building, when he inspected the building, it was found that the construction of the building violates the Building Rules, which a





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