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2021 Supreme(Ker) 583

S.MANIKUMAR, SHAJI P.CHALY
Palakkad Municipality, Represented By Its Secretary – Appellant
Versus
Devadas, S/o. Subramanian – Respondent


Advocates:
Advocate Appeared:
For the Appellant : BINOY VASUDEVAN
For the Respondent: SRI.JACOB SEBATIAN, SRI.K.V.WINSTON, SMT.ANU JACOB, SRI.TEK CHAND, adv

JUDGMENT :

SHAJI P.CHALY, J.

This appeal is preferred by the 1st and 2nd respondents in the writ petition viz., Palakkad Municipality and its Secretary, challenging the judgment of the learned Single Judge in W.P.(C) No.133 of 2021 dated 18.1.2021, whereby the learned Single Judge partly allowed the writ petition, quashed Exhibit P2 order passed by the Secretary of Palakkad Municipality - 2nd appellant, declining building permit sought for by the writ petitioner on the ground that the property offered for construction is situated within the Ayyapuram – Ramanathapuram Approved DTP Scheme; the property is seen included in the data bank as a paddy field; and there is proposal for widening the road in front of the property to 30 mtrs. Therefore the writ petitioner was directed to resubmit the plan leaving 5 meters for widening, 4.5 meters. building line, and with a setback of 9.5 mtrs.

2. Writ petitioner was further cautioned that he shall not make any construction in the property without obtaining a valid permission and the same will result in demolition of the building as well as initiation of proceedings. The learned Single Judge has further directed the Municipality to consider the pe

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