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S.MANIKUMAR, CJ, MR. SHAJI P.CHALY, J
THE PALAKKAD MUNICIPALITY – Appellant
Versus
DEVADAS – Respondent
| Table of Content |
|---|
| 1. challenge to previous judgment regarding building permit. (Para 1 , 2) |
| 2. arguments over dtp scheme applicability and permit rejection. (Para 3 , 4 , 5) |
| 3. relevance of kerala municipality act and building rules. (Para 6 , 7) |
| 4. history of town planning schemes and related legislation. (Para 8 , 9 , 10 , 11 , 12) |
| 5. legal obligation for government to acquire land for development. (Para 13 , 14 , 15) |
| 6. appeal allowed partly; directions issued for permit consideration. (Para 16) |
JUDGMENT
Dated this the 5th day of August, 2021
SHAJI P.CHALY,J .
This appeal is preferred by the 1st and 2nd respondents in the writ petition viz., Palakkad Municipality and its Secretary, challenging the judgment of the learned Single Judge in W.P.(C) No.133 of 2021 dated 18.1.2021, whereby the learned Single Judge partly allowed the writ petition, quashed Exhibit P2 order passed by the Secretary of Palakkad Municipality - 2nd appellant, declining building permit sought for by the writ petitioner on the ground that the property offered for construction is situated within the Ayyapuram – Ramanathapuram Approved DTP Scheme; the property is seen included in the data bank as a paddy field; and there
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