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2026 Supreme(Online)(Ker) 14477

IN THE HIGH COURT OF KERALA AT ERNAKULAM
VIJU ABRAHAM, J
MOOSAN T.P – Appellant
Versus
SECRETARY VAZHAKKULAM GRAMA PANCHAYATH – Respondent


Advocates:
For the Appellants/Petitioners: SRI.P.THOMAS GEEVERGHESE, SRI.TONY THOMAS (INCHIPARAMBIL), SRI.E.S.FIROS, SHRI.GAUTHAM KRISHNA E.J.
For the Respondents: SRI.P.A.MOHAMMED SHAH, SRI.T.A.UNNIKRISHNAN, SRI.K.K.AKHIL, SMT.T.SREELAKSHMI UNNIKRISHNAN, SRI.RIYAL DEVASSY, GP

JUDGMENT

The above writ petition is filed seeking to quash Ext.P5 order and for other consequential reliefs. It is averred that the petitioner is a resident of Ward No.4 of Vazhakkulam Grama Panchayat and that the 5th respondent, who is his neighbour, is engaged in the real estate business. It is further averred that the 5th respondent owns 15.17 Acres of property in Resurvey No.16/26 in Block No.23 of Marambally Village, Kunnathunadu Taluk, where the 5th respondent is constructing several small houses in 3 cents each by sub-dividing his plot into several small plots, without obtaining any building permit. It is submitted that the 5th respondent obtained Ext.P1 to P1(b) building permit for construction of three residential houses, however, he has not obtained any development permit as required under Rule 4(1) of the Kerala Panchayat Building Rules, 2019 [for short, ‘the KPBR Rules, 2019]. The sub- division of the plot and construction of small houses by the 5th respondent without providing necessary drainage facilities in his property is causing flood in the locality. Thereupon complaints were preferred and later the petitioner had approached this Court by filing WP(C) No9301 o

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