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2014 Supreme(Online)(KER) 21959

HIGH COURT OF KERALA
ASHOK BHUSHAN, CJ, A.M.SHAFFIQUE, J
KOLLAM CORPORATION – Appellant
Versus
JACOB VAIDYAN    Advocate - ADARSH KUMAR, ,ADARSH KUMAR,BIJU VARGHESE ABRAHAM,DEVAN RAMACHANDRAN (SR – Respondent


J U D G M E N T

Ashok Bhushan, Ag.CJ These two writ appeals have been filed against the same judgment dated 14/08/2014 delivered by learned Single Judge in W.P.C.No.17033/2013 as well as W.P.C.No.17733/2013. Petitioner, being aggrieved by the rejection of the application for building permit, has filed these writ petitions.

2. The facts of both these writ petitions need to be noted in brief:

W.P.C.No.17033 of 2013 The application submitted by the petitioner for building permit was rejected by the Corporation by Ext.P3 order dated 05/03/2013 in which the following was communicated to the petitioner.

W.A.Nos.1662 & 1699/2014 2 “On inspection of the application and plan referred above the following defects have been noted and therefore the application and plan are rejected.

On inspection of the property it is found that as per the DTP Scheme the proposed construction comes within the property in industrial zone. As zone variation order is not applicable, commercial building cannot be permitted in Industrial Zone.”

3. Aggrieved by the said order, petitioner has filed this writ petition for the following reliefs:

“i. Issue a Writ of Certiorari or any other appropriate writ, direction or order,

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