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2022 Supreme(Online)(KER) 31128

HIGH COURT OF KERALA
SATHI GOPINATH, – Appellant
Versus
CORPORATION OF THIRUVANANTHAPURAM, – Respondent


JUDGMENT

The petitioner is the owner of 7 Ares and 66 M2 of property in Block No.20 in Re.Sy.No.7 of Sasthamangalam Village. The petitioner executed a registered irrevocable power of attorney in favour of Arcon Home Pvt. Ltd. with respect to the said property for constructing a multi-storeyed building in the property. Since the property had been categorised as paddy land in the revenue records, the petitioner had approached the Revenue Divisional Officer, for permission to put the land for other uses, since the land is not one included in the data bank. By Ext.P2 order, the petitioner was granted permission for using the land for construction of a building having 2698.16 M2 on payment of a sum of Rs.55,73,566/-. Rs.28,62,500/- out of the said amount was an amount levied for the purpose of effecting the construction based on the square area. The petitioner paid the amount as directed which can be seen from Ext.P3 proceedings. Thereafter the petitioner submitted Ext.P4 application before the 1st respondent for issuance of a building permit. The 1st respondent rejected the application on the ground that the property has been categorised as “green strip” as per GO(Ms) No.144/07/LSGD da

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