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S.MANIKUMAR, CJ, MR. SHAJI P.CHALY, J
ANTONY C.J – Appellant
Versus
CORPORATION OF KOCHI – Respondent
| Table of Content |
|---|
| 1. violation of building permit rules. (Para 2 , 3) |
| 2. counter affidavit from the respondent. (Para 4 , 7) |
| 3. application for inspection by advocate commissioner. (Para 5 , 6) |
| 4. legal remedies available under municipality rules. (Para 8 , 9) |
| 5. court cannot restrain authorities from lawful duties. (Para 10) |
| 6. writ appeal dismissed, order upheld. (Para 11) |
JUDGMENT
Dated this the 16th day of March, 2021
S. Manikumar, C. J.
Instant writ appeal has been filed challenging the order dated 08.03.2021 in W. P. (C) No. 1744 of 2021.
2. Short facts leading to the filing of the writ appeal are as hereunder:-
The appellants are the residents of Edappally South Village, Kanayannur Taluk, Ernakulam District. According to the appellants, Dream Flower Housing Project Ltd., represented by its Managing Director, Ernakulam, the 4th respondent, started construction of a residential apartment complex, in utter violation of the various rules prescribed under the Kerala Municipality Building Rules , 1999.
Appellants have submitted that the Secretary, Kochi Municipal Corporation, the 2nd respondent, has issued building permit to the 4th respondent, without adhering to the mandatory provisions co
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