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2025 Supreme(Online)(Ker) 58693

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V. KUNHIKRISHNAN, J
DR. THOMAS VARGHESE – Appellant
Versus
THE CHIEF TOWN PLANNER – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.CIMIL CHERIAN KOTTALIL, SMT.JUANITA ROCH, SMT.MINTU CHERIYAN
For the Respondents: GOVERNMENT PLEADER SHRI.S.JAMAL, SC, THRIKKAKARA MUNICIPALITY

Table of Content
1. petition filed for quashing building permit rejection. (Para 2)
2. arguments presented by both sides regarding zoning regulations. (Para 3 , 5)
3. court's focus on adherence to rights under municipal regulations. (Para 4)

JUDGMENT

This writ petition is filed with following prayers:

i. issue a writ of certiorari or any other appropriate writ or direction calling for the records resulting in Exhibit P9 communication, scrutinize and quash the same;

ii. issue a writ of mandamus or any other appropriate writ or direction to the 4th respondent to consider the application for building permit submitted by the petitioner to reconsider the same and pass order within a specified time allowing the application taking note of the same lawfully;

iii. pass such other orders, interlocutory or otherwise, which are deemed fit and proper in the interest of justice;

iv. allow this Writ Petition with costs.

(SIC)

2. Petitioner is aggrieved by Ext.P9 by which an application for building permit was rejected stating that the property in which the construction is to be made is agricultural zone.

3. Heard the learned counsel for the petitioner and the learned Standing Counsel for the Municipality.

4

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