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2016 Supreme(Ker) 1445
IN THE HIGH COURT OF KERALA
V. CHITAMBARESH, J.
Confident Projects India Pvt. Ltd. – Petitioner
v.
State of Kerala – Respondent
W.P.(C) No.31562 of 2015
Decided On : 09-02-2016
Advocate Appeared:
For the Petitioner: S. Shanavas Khan & S. Indu
For the Respondents: M.R. Sasith & Viju Thomas (Sr. Government Pleader)
Headnote:
Civil Law - Civil Suit - Kerala Panchayat Building Rules, 2011 - Rule17 - Extension and renewal of periods of permits - Suspension or revocation - Additional condition - Validity of - Held, No case that building permit was issued by mistake or that patent error has crept in it or that permit was happened to be issued on misrepresentation of fact or law or that construction if carried on, will be threat to life or property warranting its suspension or revocation under Rule 18 of Rules, 2011 - No additional conditions could be imposed while renewing building in terms of Rule 17 of said rules - Petition dismissed
1. There is no, case that Ext.P4 building permit was issued by mistake or that a patent error has crept in it or that the permit was happened to be issued on misrepresentation of fact or law or that the construction if carried on, will be a threat to life or property, warranting its suspension or revocation under Rule 18 of the Kerala Panchayat Building Rules, 2011. Therefore, no additional conditions could be imposed while renewing the license in terms of Section 17 of the said rules and Ext.P11 order imposing additional conditions, including the necessity to obtain permission from the District Town Planner is hereby quashed.
2. Respondents 2 and 3 are directed to pass orders on Ext.P9 application for renewal of Ext.P4 building permit in terms of Rule 17 of the above rules, without insisting on any new condition as regards permission from the District Town Planner in terms of Rule 55 of the Rules.
The writ petition is disposed of.
