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2022 Supreme(Online)(KER) 14399

HIGH COURT OF KERALA
DEEPA MILAN – Appellant
Versus
KOCHI MUNICIPAL CORPORATION – Respondent


JUDGMENT

Dated this the 16th day of September, 2022 The petitioners, who owned 25 Cents of land in Survey No.160/2 of Palluruthy Village, Kochi Taluk, have approached this Court aggrieved by Ext.P8 order and seeking to direct respondents 1 and 2 to reconsider the application for Building Permit afresh, ignoring the status of the property in the Basic Tax Register.

2. The petitioners submitted an application for Building Permit. The application was rejected by the 2nd respondent- Assistant Executive Engineer as per Ext.P8 on the ground that the land of the petitioners is described as paddy land in Revenue records.

3. The petitioners would submit that the land originally was purchased by the 3rd respondent-Greater Cochin Development Authority (GCDA) for allotment for residential purposes, under the Rameshwaram West Detailed Town Planning Scheme and therefore the judgment of this Court in State of Kerala v. Binu Mathew Chacko [2021 (1) KLT 232] would apply. Therefore, the rejection of the petitioners’ application for Building Permit as per Ext.P8 cannot stand the scrutiny of law.

4. Standing Counsel appearing for the 3rd respondent-

GCDA submitted that the land was originally purchased un

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