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2021 Supreme(Ker) 669

N.NAGARESH
Anwar P. K. S/o Late Kunhibava – Appellant
Versus
Thrissur Corporation, Rep. by its Secretary – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: P.B. Krishnan, P.B. Subramanyan, Sabu George.
For the Respondent: Santhosh P. Poduval.

JUDGMENT :

N. NAGARESH, J.

1. The petitioner seeks to call for the records relating to Ext.P10 and to quash the same. The petitioner also seeks to direct the 2nd respondent to consider and take a decision on the application submitted by the petitioner for the building permit after considering Ext.P6 site plan.

2. The petitioner states that he along with his brother, were owners of 384.5 Cents of property in Survey No. 48/1 of Koorkkenchery Village and Survey No. 153P and 154/2 of Chiyyaram Village. There were certain transactions in respect of the property between the petitioner and his brother and finally, by Ext.P1 Partition Deed, the property was divided among them. By Ext.P1, the petitioner got 31.97 Ares of land in Survey No. 48/1/1, 48/1/2 and 48/1/3 of Koorkkenchery Village as Item No. 1, another 5.13 Ares in Survey No. 153 of Chiyyaram Village as item No. 2 and 39.39 Ares in Survey No. 154/2 of Chiyyaram Village as item No. 3.

3. The predecessor in interest of the property had surrendered 29.5 Cents which was part of the aforesaid properties, for a road widening. The balance extent of property is eligible for the benefit of Chapter XI of the Kerala Municipal Building Rules, 199

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