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2021 Supreme(Online)(KER) 18657

HIGH COURT OF KERALA
P. B. Suresh Kumar, J
M/S MELMONT CONSTRUCTIONS PVT. LTD NO 41/199A, – Appellant
Versus
THE STATE OF KERALA – Respondent


Advocates:
SANTHOSH MATHEW, SRI. ARUN THOMAS, SRI. JENNIS STEPHEN, SRI. VIJAY V. PAUL, SMT. KARTHIKA MARIA, SRI. ANIL SEBASTIAN PULICKEL, SMT. DIVYA SARA GEORGE, SMT. JAISY ELZA JOE, SHRI. ABI BENNY AREECKAL, SMT. LEAH RACHEL NINAN, SMT. NANDA SANAL, SRI. G.G. MANOJ, SRI. S. SARATH PRASAD, SRI. RENJITH THAMPAN

J U D G M E N T

Issues arising for consideration in these matters are closely interlinked and they are, therefore, disposed of by this common judgment. Parties and documents are referred to in this judgment, as they appear in W.P.(C) No.3381 of 2021.

2. The facts relevant for adjudication of the issues are the following : Petitioners are real estate developers. They own lands in Vazhakkala Village within the limits of Thrikkakkara Municipality (the Municipality). A portion of the lands owned by the petitioners is shown in the revenue records as 'Nilam' and the rest as 'Purayidom'. The lands were purchased by the petitioners for the purpose of promoting jointly a residential/commercial project prior to the implementation of the Kerala Municipality Building Rules, 1999 within the limits of the Thrikkakkara Panchayat, which was later upgraded as Thrikkakkara Municipality. As such, after acquiring the lands, the first petitioner applied to the Panchayat for a No Objection Certificate for the project proposed by the petitioners and on the said application, Ext.P2 certificate was issued by the then Thrikkakkara Panchayat on 23.8.2006 stating that since the Kerala Municipality Building Rul

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