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2021 Supreme(Online)(KER) 30126

HIGH COURT OF KERALA
SAJITHA SHAMSUDHEEN – Appellant
Versus
MELOOR GRAMAPANCHAYATH – Respondent


Advocates:
R1-2 BY SRI.PAULSON P.V., SC, MELOOR GRAMA PANCHAYAT, THRISSUR R1 BY SRI.BIJU MARTIN SRI.VIPIN NARAYANAN, GOVERNMENT PLEADER

J U D G M E N T

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Dated this the 22nd day of September, 2021 The petitioner, who is owner of 5 Ares of land in Survey No.100/7 of Muringoor Vadakkummuri Village, has filed this writ petition seeking to quash Ext.P7 and to direct respondents 1 and 2 to allow Ext.P3 Regularisation Application if the petitioner’s building is having 3 metres or more distance from the existing road (other than the alleged puramboke land) and to direct the 1st respondent-Panchayat to number petitioner’s building covered by Ext.P2 if the building is situated beyond 3 metres distance from the existing road on the eastern boundary of Ext.P1 property.

2. The petitioner purchased the property on

22.03.2017. The eastern boundary of the property is a road now maintained by the PWD. The previous owner of the building had obtained Ext.P2 building permit for construction of a commercial-cum-residential building. The previous owner had completed a substantial portion of the construction of the building. The construction was completed by the petitioner. By 23.07.2018, the Building Permit had expired, and the petitioner came to know of this only when the petitioner applied for Occupancy Certificate. The

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