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2010 Supreme(Online)(KER) 34283

HIGH COURT OF KERALA
T.R.RAMACHANDRAN NAIR, J
K.J.JOY AND ANOTHER – Appellant
Versus
STATE OF KERALA AND OTHERS – Respondent


Advocates:
SRI.K.RAMAKUMAR, SENIOR ADVOCATE, ADV. SRI.PEEYUS A.KOTTAM, R1 TO R3 BY GOVERNMENT PLEADER SRI. K.V. MANOJ R4 BY ADVS. SRI.SIBY MATHEW, SRI.PHILIP J.VETTICKATTU.

JUDGMENT

The petitioners were granted building permit by the fourth respondent Municipality to construct a commercial building. They are aggrieved by a stop memo issued by the second respondent as Ext.P10, on the ground that no objection has not been obtained from the K.S.T.P. (Kerala State Transport Project), as the road in question is one notified under the Highway Protection Act as a Highway.

2. The petitioners were initially granted building permit as per Ext.P1 in 1999 and they jointly own 8 cents of land. There was a condition in Ext.P1 that they should provide parking lot. According to the petitioners, there was a dispute with the neighbouring property owners which led to the delay in completing the construction and the petitioners had to give two cents of land to a neighbour. The period of Ext.P1 permit was extended as per Ext.P2, for a period of three years from 23.11.2002 and it was further extended from 26.11.2005 for another period of three years, during which period they completed the foundation and piling work. In the year 2007 a stop memo was issued by the Special Tahsildar (LA), National Highway wpc 6129/2010 2 stating that acquisition proceedings are pending against

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