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2019 Supreme(Ker) 42

SHAJI P.CHALY
T. K. Ramesh – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Petitioners: Advs. Sri. G. Sreenivasa Prabhu, Sri. S.B. Premachandra Prabhu.
For the Respondents: Advs. Smt. Raji T. Bhaskar, Government Pleader, Sri. S. Ramesh Babu SC., Cochin Corpn., Sri. P.K. Soyuz, SC, Cochin Corporation, Sri. E.D. George, SC., Cochin Corporation, Sri. Mohammed Hashim, Sri. S. Ramesh Babu SC. Cochin Corpn.

JUDGMENT :

1. This writ petition is filed by the petitioner seeking to quash Ext.P7 communication issued by the 2nd respondent, i.e., the Corporation of Kochi, dated 24.03.2010, informing the petitioner that the application submitted by the petitioner seeking issuance of the building permit cannot be considered in view of G.O.(Ms) No.249/09 dated 16.12.2009, modifying the Kerala Municipality Building Rules, 1999, and directing the petitioner to submit a fresh plan, taking into account the amendment to the Rules. Brief material facts for the disposal of the writ petition are as follows:

2. Petitioner is the owner in possession of 74.845 cents of land on the side of Kaloor-Perandoor Road, within the limits of the Corporation of Kochi. Petitioner submitted an application for construction of a multi-storied building on entering into a Memorandum of Understanding with a builder, on 07.05.2008. According to the petitioner, without considering the application submitted by the petitioner, the 3rd respondent, i.e., the Secretary of the Corporation insisted for free surrender of land on the main road side for widening the road. On 03.12.2008, a notice was issued, directing the petitioner to cu
























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