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2020 Supreme(Online)(KER) 29763

PRAKASH.O.S – Appellant
Versus
THE SECRETARY – Respondent


Advocates:
['JOSEPH T JOHN', 'SRI SUJITH MATHEW JOSE', 'SC', 'PALA MUNICIPALITY', 'GOVERNMENT PLEADER']

JUDGMENT

Dated this the 9th day of October 2020 The petitioner constructed a building based on an order passed by the Revenue Divisional Officer pursuant to a report by the District Level Authorised Committee under Section 9 of the Kerala Conservation of Paddy Land and Wetland Act (for short, the 'Act'). Ext.P2 is the order. By this, permission was granted to construct a residential building in Re-survey No.125/28-1 of Lalam Village, having an extent of 2.02 Ares.

2. The petitioner obtained a building permit from Pala Municipality. The permit granted would show that the permission was granted to construct a residential building.

3. The petitioner produced a plan alleged to have been submitted along with the application for building permit. This plan consists of a shop room along with the residential building. However, no seal of approval is seen on the plan. It is doubtful whether any such permission was granted by the Municipality for constructing a residential building along with the shop room.

4. The petitioner submitted an application for an occupancy certificate. That was not granted noting that the petitioner constructed residential cum commercial building.

5. The photographs prod

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