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2021 Supreme(Ker) 937

ANU SIVARAMAN
Abdul Salam C. K. S/o Kochammu – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: George Sebastian
For the Respondents: Sri. Anoop V. Nair, Sri. A.K. Ananda Krishnan, Sri. Riyal Devassy, Smt. Devi P.

JUDGMENT :

ANU SIVARAMAN, J.

1. This writ petition is filed seeking the following prayers:

    “(i) To declare that Act 29 of 2017, which amended Act 28 of 2008 will not affect the right of the petitioners to put up additional rooms on the first floor of the building of the petitioners constructed in pursuance of Ext.P5.

(ii) To declare that nature of the land has no relevance while considering application for permit for constructing two rooms over an existing building.

(iii) In the alternative, to declare that the petitioner is entitled to get the benefit of Section 27A(6) of Act 28 of 2008.

(iv) To issue a writ of certiorari calling for the originals of Exhibit P8 and to quash the same.

(v) To issue a writ of mandamus, order or direction to the 7th respondent to allow the application referred to in Ext.P8 without much delay.”

2. Heard the learned counsel for the petitioners, the learned Government Pleader as well as the learned counsel appearing for respondents 6 and 7.

3. It is submitted by the learned counsel for the petitioners that the petitioners are the owners in possession of a total extent of 3.15 Ares of property comprised in Survey Nos. 480/2-12 and 480/2-13 of Kunnukara Village of

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