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2024 Supreme(Online)(KER) 39942

HIGH COURT OF KERALA
MOHAMMED NIAS C.P., J
PAUL & HANNA BUILDERS & DEVELOPERS (P) LTD – Appellant
Versus
KOCHI MUNICIPAL CORPORATION – Respondent


Advocates:
BIBIN KUMAR T.S., SAUMYA P.K., SURESH KUMAR (SR.), R.HARISHANKAR, K.JANARDHANA SHENOY, P.K. SURESH KUMAR (SR.)

J U D G M E N T

The petitioner challenges Ext.P10 order passed by the Corporation revoking the building permit granted to them on 08.11.2023 through Ext.P5. The petitioner was served with Ext.P8 show cause notice dated 30.11.2023 alleging that the petitioner was proposing a construction over a plot included within the Thammanam- Pullepady road proposed alignment and that Section 6 (2) notification under the Kerala Survey and Boundaries Act, 1961 was issued and published in the gazette, and notification issued under Section 4 (1) of the Kerala Land Acquisition Act and published in the gazette on 24.04.2013. The petitioner gave Ext.P9 reply on 02.12.2023 which was not accepted and Ext.P10 order was passed revoking the permit on 15.12.2023 which is challenged in the writ petition.

2. A statement has been filed on behalf of the Corporation stating that the plot in question is included within the Thamamanam-Pullepady road and that the development of the said road is carried out by the Kerala Road Fund Board from the funds handed over by the Kerala Infrastructure Investment Fund Board.

3. Sri. P. K. Suresh Kumar, the learned Senior Counsel appearing for the petitioner argues that the order

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