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2021 Supreme(Ker) 519

S.MANIKUMAR, SHAJI P.CHALY
SUKU, S/O MATHEW KUNJAPPAN – Appellant
Versus
TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS – Respondent


Advocates:
Advocate Appeared:
For the Appellant : S.SHANAVAS KHAN, SMT.S.INDU
For the Respondent: SHRI.MANOJ RAMASWAMY, SRI.SURIN GEORGE, SRI.MANOJ RAMASWAMY, STANDING COUNSEL FOR R2

JUDGMENT :

SHAJI P.CHALY, J.

This appeal is preferred by the petitioner in W.P.(C) No.2264/2020 challenging the judgment of the learned Single Judge dated 28.1.2020, whereby the learned Single Judge dismissed the writ petition affirming the order passed by the Tribunal for Local Self Government Institutions, by which the complaint raised by the petitioner in regard to the building permit secured by the 3rd respondent in the appeal was declined holding that it was secured in accordance with law. Brief material facts for the disposal of the appeal are as follows;

2. Appellant is the absolute owner in possession and enjoyment of 6 cents of landed property situated in Sy.No.473/3C of Punalur Village. The 3rd respondent owns a property abutting the western side of the property of the appellant admeasuring 1 Are and 61 Sq.mts together with an old building, purchased in the year 2018. Later 3rd respondent demolished the old building for constructing a commercial building having Cellar, and ground + two floors, and accordingly he applied for building permit, which was granted by the 2nd respondent-Secretary of the Municipality, for construction of a building having a total plinth area of 273.

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