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2022 Supreme(Online)(KER) 59040

HIGH COURT OF KERALA
N. NAGARESH, J
SUCHETHA C – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
S.SANTHOSH KUMAR, BABY SUJATHA, ADVOCATE GENERAL OFFICE KERALA, B.S.SWATHI KUMAR, MATHEWS K.PHILIP, SARANGADHARAN P., SMT.DEEPA NARAYANAN SR.GP

J U D G M E N T

Dated this the 26th day of October, 2022 The petitioner, who constructed a building in Pattanakkad Grama Panchayat, is before this Court aggrieved by the demand made by the Secretary to the Grama Panchayat to produce Access Permit from the National Highways Authority for issuing Occupancy Certificate.

2. The petitioner states that she obtained a Building Permit and constructed a building in her own land. The construction was strictly in accordance with the Building Permit and approved Plan. The building constructed departed from the Building Plan. An application was therefore submitted for regularisation and the District Town Planner passed Ext.P3 order regularising the construction.

3. The petitioner thereafter approached the Secretary to the Grama Panchayat seeking issuance of Occupancy Certificate. The petitioner was then informed as per Ext.P15 that she should produce access permission from the National Highways Authority of India in order to obtain Occupancy Certificate.

4. The petitioner submits that she is not bound to produce Access Permit from the National Highways Authority for the purpose of getting Occupancy Certificate. The petitioner has constructed the b

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