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2025 Supreme(Online)(Ker) 44344

IN THE HIGH COURT OF KERALA AT ERNAKULAM
VIJU ABRAHAM, J
SATISH S. NAIR – Appellant
Versus
UNION OF INDIA – Respondent


Advocates:
For the Appellants/Petitioners: SMT.SREEDEVI KYLASANATH, SRI.ACHUTH KYLAS, SRI.JOSELAL GEORGE, SRI.R.MAHESH MENON, SRI.DEAGO JOHN K, SMT.SHALEENA RAJAN, DR.K.P.KYLASANATHA PILLAY (SR.)
For the Respondents: SHRI.DINESH R.SHENOY, SC, ARCHAEOLOGICAL SURVEY OF INDIA, O.M.SHALINA, DEPUTY SOLICITOR GENERAL OF INDIA, SC- SUMAN CHAKRAVARTHY

Table of Content
1. issuance of building permit in regulated area. (Para 2)
2. noc and proposal submission from competent authority. (Para 4)
3. respondents' counterarguments against construction. (Para 5)
4. awareness of noc requirements for construction. (Para 6 , 7 , 8)
5. comparative analysis of similar cases. (Para 9 , 10)

JUDGMENT

Dated this the 18th day of July, 2025 Petitioners have approached this Court challenging Exts.P6 and P8.

2. The brief facts necessary for the disposal of the writ petition are as follows:-

Petitioners are in possession of 2.03 ares of property in Re.Sy. No.36/6-2-12 of Thiruvallam Village in Thiruvananthapuram District. Petitioners submitted application before the Thiruvananthapuram Corporation for building permit which was granted as per Ext.P1. On the strength of Ext.P1 the residential house was constructed strictly in compliance with the conditions in Ext.P1. While so, petitioners were issued with Ext.P2 notice from the 5th respondent intimating that the residential building is situated in a regulated area of centrally protected monument, Shri.Parasurama Temple at Thiruvallam, and the petitioners have to remove the unauthorised building/construction. Ther

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