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2021 Supreme(Ker) 255

S.MANIKUMAR, SHAJI P.CHALY
Marakkara Grama Panchayath – Appellant
Versus
Ibrahim – Respondent


Advocates Appeared:
For the Appellants : Jamsheed Hafiz & K.K. Nesna
For the Respondent: K.P. Sudheer

JUDGMENT :

Shaji P. Chaly, J.

1. This appeal is filed by respondents in W.P.(C) No.20578 of 2020, challenging the judgment of the learned Single Judge dated 14.10.2020, whereby the learned Single Judge allowed the Writ Petition and quashed Exhibit P9 communication issued by the 1st appellant Grama Panchayat dated 10.8.2020. Exhibit P9 is an order passed by the 2nd appellant -- the Secretary of the first appellant Grama Panchayat, whereby the building permit application submitted by the writ petitioner for construction of a commercial building in his property comprised in Sy.No.8/1B4-44, 8/1B4-45 of Ward No.20 of Marakkara Grama Panchayat was declined stating that in the site plan of the application, building No.20/118 is shown as existing building, which was already demolished and a new construction was put up by the writ petitioner and therefore, if and when an unauthorised building is existing in a property, the application for permit can be considered only after regularisation of the unauthorised building. However, learned Single Judge found that the issue with respect to the unauthorised construction is a subject matter of consideration before the Tribunal for Local Self Governme

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