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2025 Supreme(Online)(Ker) 53622

IN THE HIGH COURT OF KERALA AT ERNAKULAM
VIJU ABRAHAM, J
P.I MUHAMMADALI – Appellant
Versus
THE DIRECTOR LOCAL FUND AUDIT – Respondent


Advocates:
For the Appellants/Petitioners: SRI.S.SHANAVAS KHAN, SMT.S.INDU
For the Respondents: GOVERNMENT PLEADER SHRI.S.JAMAL, SC, THRIKKAKARA MUNICIPALITY SC- G G MANOJ, GP- NIMMY JOHNSON

JUDGMENT

Dated this the 26th day of November, 2025 Petitioners have approached this Court challenging Exts.P4 and P5 and for other consequential reliefs.

2. Petitioners are in joint ownership of 69.308 cents of land comprised in Sy.Nos. 686/4, 686/2, 683/3, 687/7 and 687/8 of Kakkanad Village. Petitioners devised a project for constructing a multi-storied commercial cum residential building with the 6th respondent for which a ‘No Objection Certificate’ was obtained from the erstwhile Thrikkakkara Grama Panchayat as per sanction certificate No.A4-1 dated 19.09.2006. Petitioners submit that at the relevant point of time, the provisions of the Kerala Municipality Building Rules was not extended to Thrikkakkara Grama Panchayat, and only a ‘No Objection Certificate’ was required from the local authority to carry out the construction activities. For construction of the same, Exts.P1 to P3 joint venture agreements were executed with the 6th respondent. It is during the course of construction the provisions of the KMBR was made applicable to the erstwhile Thrikkakkara Grama Panchayat. While so, the 3rd respondent conducted audit for the year 2011-12 in respect of the 4th respondent Municipa

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