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2023 Supreme(Ker) 345

VIJU ABRAHAM
Murali T. G. , S/o Gopala Iyyar – Appellant
Versus
Vettom Grama Panchayath – Respondent


Advocates:
Advocate Appeared:
For the Appellant : RAJESH SIVARAMANKUTTY, K.V.ANTONY, A.P.BEELAMMA, VIJINA K., ARUL MURALIDHARAN, T.SETHUMADHAVAN
For the Respondent: C.M.MOHAMMED IQUABAL, GOPIKRISHNAN NAMBIAR M, K.JOHN MATHAI, JOSON MANAVALAN, KURYAN THOMAS, PAULOSE C. ABRAHAM, RAJA KANNAN, SRI.MANU S., Adv., BIMAL K.NATH

JUDGMENT :

The above writ petition is filed challenging Ext.P5 order passed by the 2nd respondent wherein the request made by the petitioner for grant of occupancy/assignment of building number was rejected for the reason that access width at the entrance to the compound wall of the plot to the building is only 4.58 metres, which runs counter to the minimum width of access of 7 metres warranted for Occupancy Group -I under Table 8A of Rule 28 of the Kerala Panchayat Building Rules, 2019 (hereinafter referred to as Rules, 2019).

2. The petitioner intends to start an LPG distributorship of the 7th respondent company. Pursuant to the letter of intent granted by 7th respondent, the petitioner took on lease the property as per Ext.P1. Later, the petitioner approached the 1st respondent for site approval and building permit for the erection of a building in connection with the business of LPG distribution and the 2nd respondent forwarded the application to the 6th respondent which was later approved. The petitioner has also obtained NOC from the 4th respondent and finally, Ext.P2 site approval and building permit were granted by the 1st respondent. As the building was not assigned buildi

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