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MOHAMMED NIAS C. P.
Aster DM Health Care Ltd – Appellant
Versus
Cheranelloor Grama Panchayat – Respondent
JUDGMENT :
MOHAMMED NIAS C.P., J.
These writ petitions are filed by M/s.Aster DM Health Care Ltd.
2. WP(C)No.34493/2023 is filed challenging the cancellation of the building permit issued by the second respondent, the Secretary of the Panchayath concerned.
3. WP(C)No.8845/2024 is filed challenging Ext.P11 order passed by the Chief Town Planner, Thiruvananthapuram, rejecting the appeal preferred by the petitioners challenging the conditions imposed by the Senior Town Planner, Ernakulam.
4. The relevant facts necessary for disposing of the writ petitions are as follows:
The petitioners are companies under the provisions of the Company's Act and are stated to be the owners in possession of an extent of 15.5904 Hectares of land in Resurvey Nos.198/1, 2, 3, 4, 5, 6, 7, 8, 9, 199/1,2,3,4,5,7,8,9,10,11,12,13,14,15,16,17,18,19,22,200/1,2,204/5,6,7,8,9, 10,11,12,13,20,205/4,6,8,9,12,211/6,15,212/1,2,3,4,5,6,7,8,9,10,11,12,13,14 ,15,16,17,18,19,20,21,22,23,213/1,2,4,5,6,7,8,9,10,11,12,13,14,15,214/1,2,3, 4,6,7,215/1, 2, 3, 4, 5, 6, 7,216/4, 5, 217/7, 219/1, 2, 3, 7, 220/7, 8 and 9 of Cheranalloor Village, Kanayannur Taluk, Ernakulam District. It is stated that the above properties were purchased f
The main legal point established in the judgment is the applicability of the Amendment Act, 2018, to the construction project and the legal obligations of the petitioners and the Panchayat under the ....
Construction on lands designated as paddy fields under the Kerala Conservation of Paddy Land and Wetland Act is prohibited unless specific permissions are obtained.
Point of law: There is a presumption that public officials would discharge their duties honestly and in accordance with law. Even administrative power to be exercised to fulfill real purpose and not ....
No Local Authority shall grant any licence or permit under said Act for carrying out any activity or construction in a paddy land or a wetland or an unnotified land, nature of which has been changed ....
Local authorities are empowered to process building permit applications for individual self-dwelling units up to 300 square meters under CRZ II category as per clause 7(vi) of the CRZ Notification, 2....
Non-arbitrariness is an essential facet of Article 14 pervading the entire realm of State action governed by Article 14. It has come to be established, as a further corollary, that the audi alteram p....
Illegal construction – Demolition of - Executive and political apparatus of the State take serious view of the menace of illegal and unauthorized constructions and stop their support to the lobbies o....
The existence of a Detailed Town Planning Scheme governs the consideration of building permit applications under the Kerala Town and Country Planning Act, necessitating compliance with statutory prov....
Court emphasized harmonious interpretation of statutes governing land use rights and construction permits.
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