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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR.JUSTICE ZIYAD RAHMAN A.A., J
Sr. Jancy Madathikunnel – Appellant
Versus
District Medical Officer, Collectorate – Respondent
JUDGMENT :
In all these writ petitions, the dispute pertains to the Building Permit, Occupancy Certificate and the Consent to Establish granted to the 9th and 3rd respondents in WP(C) No.20590/2023, to establish an automobile workshop/service centre, to repair light motor vehicles manufactured by Maruti. (For convenience, WP(C) No.20590/2023 is treated as the leading case and the parties and Exhibits are referred to as described in the said writ petition, unless otherwise specifically mentioned).
2. The facts which are necessary to consider the issues are as follows: The petitioners in all these writ petitions are claiming to be persons/establishments residing or having properties near the property owned by the 9th respondent, where an automobile workshop is being established by the 3rd respondent. The property where the workshop is being established has an extent of 45.52 Ares, and the said property is situated on the side of Pala – Erattupetta main road, which comes within the jurisdiction of the 4th respondent - Municipality. The 9th respondent obtained a building permit from the 4th respondent on 26.4.2019 for the construction of a commercial building and later in the year, 2023,
Permits for industrial activities can be granted even in residential zones if conditions are met, emphasizing flexibility in zoning regulations and the absence of flood designation.
Point of law: Rule which has to be applied is the one which is in force at the time of issuance of the permit and not the rule that was in force at the time of submission of the application.
Accrued rights from previous land use approvals must be respected despite new regulations; Town Planner's jurisdiction to deny building plan approval was not established.
Exemptions from building rules must comply with procedural requirements; failure to provide natural justice in administrative decisions warrants judicial intervention.
Building permits and licenses for operational units must be evaluated based on contemporary regulations, and allegations of unauthorized construction require substantial evidence to alter compliance ....
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....
Building permits must adhere to local regulations, requiring verification of land extent and affording opportunities for affected parties to contest applications before approval.
Point of law : merely because the building permit was secured, the earth work to a depth of 1.5 meters and above cannot be proceeded with unless the development permit is secured and follows the duti....
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