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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.M.Manoj
Navas Kacheery – Appellant
Versus
State Of Kerala – Respondent
| Table of Content |
|---|
| 1. jurisdiction of high court over local building ordinance (Para 1 , 3 , 4) |
| 2. claim of lack of locus standi in challenging the administrative action (Para 9 , 10) |
| 3. exemptions from building rules and natural justice considerations (Para 11 , 12 , 22) |
| 4. requirements for the issuance and cancellation of occupancy certificates (Para 35 , 36) |
| 5. decision to quash the cancellation of the occupancy certificate (Para 40) |
JUDGMENT :
Originally, three writ petitions came up for consideration today, i.e., WP(C) No. 237/19, 2168/2019 and 33681 of 2019. The first writ petition among these was preferred, challenging an order of exemption granted under Rule 3C of the Kerala Building Rules, 1999 as per GO(Rt) No.1617/2018/LSGD dated 14.06.2018. Whereas the second writ petition challenges the same order and also the consequential building permit issued by the Kannur Municipal Corporation, and the report submitted by the Kannur Municipal Corporation before the Chief Town Planner for consideration of the exemption to be granted. On the other hand, the beneficiary of the above orders has preferred the third writ petition challenging the order of cancellation of occupancy certificate whi
Exemptions from building rules must comply with procedural requirements; failure to provide natural justice in administrative decisions warrants judicial intervention.
Cancelled permition for construction - Quashment of - As per Rule 56(2) rear open space in back should be 1.5m for building up to 10m height and there shall be an increase of rear open space at the r....
Statutory provisions governing unauthorized constructions must be adhered to by municipal authorities when issuing orders or taking action against such constructions.
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....
Statutory authorities must act in accordance with the law, and courts cannot restrain them from exercising their duties.
Building permits must comply with statutory provisions, and challenges to such permits must be timely; delay may waive the right to contest approvals.
The court emphasized the importance of planned development and the need to address unauthorized constructions. It also highlighted the right of the petitioners, as owners, to be heard before the orde....
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 ....
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