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2025 Supreme(Online)(KER) 12172

HIGH COURT OF KERALA
VIJU ABRAHAM, J
ANISH GANGADHARAN – Appellant
Versus
ALUVA MUNICIPALITY – Respondent


Advocates:
K.B.GANGESH, SMITHA CHATHANARAMBATH, ATHIRA A.MENON, K.T.THOMAS

JUDGMENT

The petitioners have approached this Court challenging Ext P5 order and for other consequential reliefs.

2. Petitioners purchased a certain extent of land as per Ext.P1 sale deed. In Ext.P2 tax receipt, Ext.P3 possession certificate and Ext.P4 thandaper account, the property has been described as garden land (purayidom). When the petitioners applied for a building permit, the same was rejected as per Ext.P5 on the ground that the petitioners have to update BTR extract with the new survey number (13/16-2). It is submitted that the petitioners' properties are all surrounded by buildings and on the southern side, the Aluva Municipal Road is situated and all these properties are shown as garden land in the village records.

The petitioners' property is also not included in Ext.P7 data bank. Though the property is shown as garden land in all village records, in the BTR with corresponding old survey number, the property is described as 'nilam.' When the petitioners approached the third respondent for updating the BTR with re-survey number it was declined and the petitioners were advised to submit a Form 6 application. The said application submitted has been rejected by the system it

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