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2024 Supreme(Online)(KER) 15758

HIGH COURT OF KERALA
A. Muhamed Mustaque, S.MANU, JJ
THE DISTRICT COLLECTOR – Appellant
Versus
PRASANNAN KARUNAKARAN – Respondent


Advocates:
ADV V. TEKCHAND, SR. GOVERNMENT PLEADER, SRI.E.K.NANDAKUMAR (SR.), SRI.M.GOPIKRISHNAN NAMBIAR, SRI.K.JOHN MATHAI, SRI.JOSON MANAVALAN, SRI.KURYAN THOMAS, SRI.PAULOSE C. ABRAHAM, SRI.RAJA KANNAN, T.R.RAJAN, SC, KAYAMKULAM MUNICIPALITY

JUDGEMENT

Dated this the 23rd day of July, 2024 A. Muhamed Mustaque, Acg. C. J. The State has come up with this appeal aggrieved by the direction issued by the learned Single Judge. The matter is related to the issuance of a building permit by the local authority. The Chief Town planner approved the layout with the condition that the entry and exit will have to be shifted. This was questioned before this Court. The learned Single Judge disposed of the writ petition directing the Municipality to issue a building permit subject to the condition that the writ petition complies with all other necessary requirements without incorporating the impugned condition. It is further ordered that the traffic and Police authorities can decide the steps to be taken to control traffic in the area. This is how the State has come up with this appeal.

2. Learned Senior Government Pleader, placing reliance on Rule 59(8) of the Kerala Municipality Building Rules , 1999, submits that the Chief Town Planner has decided the approval keeping in mind the layout in regard to the entry and exit and that cannot be subject to a judicial review under Article 226 before this Court.

3. We note the procedure to issue

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