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2010 Supreme(Online)(KER) 46835

HIGH COURT OF KERALA
ANTONY DOMINIC, J
SAJU.K.SCARIA AND ANOTHER – Appellant
Versus
STATE OF KERALA AND OTHERS – Respondent


Advocates:
SRI.SHAJI P.CHALY 2) MOHANAN K.SCARIASO.SCARIA,OPERATIVE3) THE KOTHAMANGALAM MUNICIPALITY4) THE TRIBUNAL FOR LOCAL SELF GOVERNMENT

J U D G M E N T

Heard both sides.

2. Challenge in this writ petition is against Ext.P1, an order passed by the Tribunal for Local Self Government Institutions in Appeal No.570/2009. Petitioners are owners of 8.83 cents of land in Sy. Nos.1018/11 and 1018/9A of Kothamangalam Village. For the purpose of constructing a two storied building with shop rooms, they submitted Ext.P3 plan to the Municipality for approval and for a building permit. Municipality considered the matter and Ext.P2 building permit was issued. Ext.P3 plan was also approved.

3. It is stated that on the strength of Exts.P2 and P3 petitioners commenced construction and thereupon the 2nd respondent lodged a complaint with the Municipality against the work undertaken by the petitioners. It is stated that thereupon a stop memo was issued. Thereafter, enquiry was conducted and by Ext.P4, the stop memo issued by the Municipality was withdrawn. Second respondent thereupon filed Appeal No.570/2009 before :2 :

the Tribunal For Local Self Government Institutions. Tribunal entertained the appeal, heard the parties and rendered Ext.P1 order, allowing the appeal and setting aside Ext.P2 building permit issued in favour of the petiti

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