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2026 Supreme(Online)(Ker) 5245

IN THE HIGH COURT OF KERALA AT ERNAKULAM
HARISANKAR V. MENON, J
S. Naseer – Appellant
Versus
The Palakkad Municipality – Respondent


Advocates:
For the Appellants/Petitioners: Smt.Kavery S Thampi
For the Respondents: Sri.Binoy Vasudevan, Sri.Sajeev Rajan

JUDGMENT

The petitioner is stated to be the owner of a property in Survey No.1139 in Chakkanthara Village, Palakkad Taluk. According to the petitioner, he had constructed a residential building prior to 1992 on the basis of a building permit issued by the Palakkad Municipality. The petitioner further states that an application for “alteration of the building” was filed before the Municipality on the basis of which Ext.P1 building permit dated 27.03.1992 was issued permitting construction in the form of “alteration of the building”. The petitioner further states that the construction pursuant to Ext.P1 was carried out and tax was also collected from the petitioner by the Municipality as evident by Ext.P2 receipt dated 24.12.2021. At that point of time, the 3rd respondent, who is none other than the immediate neighbor of the petitioner, sought to raise a complaint before the Municipality alleging that the construction has been carried out without leaving the setback required under the provisions of the Kerala Municipality Building Rules, 2019. On the basis of the complaint filed by the 3rd respondent, a show cause notice was issued by the Municipality directing the petitioner to remo

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