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2024 Supreme(Online)(KER) 25761

HIGH COURT OF KERALA
BECHU KURIAN THOMAS, J
V. M. ABDUL SHUKOOR – Appellant
Versus
CORPORATION OF COCHIN – Respondent


JUDGEMENT

Construction of buildings is regulated to strike a balance between the built and the non-built environment. Planned constructions are essential to ensure sustainable growth and development of the country. However, human greed and utter disregard for law have led to rampant illegal constructions. Official nexus for such reprehensible activities has acted as a bridge for aiding the violators. Illegalities often turn into fait accompli and escape the clutches of law. Nevertheless, courts cannot turn a blind eye when such instances are brought to its notice.

2. The above prelude indicates the nature of disputes raised in these two writ petitions. Both writ petitions relate to the construction of a building at Broadway – a commercial hotspot in Kochi. The first writ petition challenged the building permits issued for the construction of additional floors to an existing building, while the second writ petition was filed subsequently after additional information was obtained. Since the issues are connected, both writ petitions are disposed of together.

3. Petitioners in W.P.(C) No.5712 of 2023 challenge a building permit dated 25-05-2022 (Ext.P12) issued to respondents 9 to 15 and

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