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2017 Supreme(Online)(KER) 38442

HIGH COURT OF KERALA
P. B. Suresh Kumar, J
LEKSHMY DEVY – Appellant
Versus
THE ASSISTANT DIVISIONAL OFFICER, FRE & RESCUE – Respondent


J U D G M E N T

Petitioner has constructed a five storied mercantile-cum-residential building within the limits of the Corporation of Kochi (the Corporation). Ext.P1 is the building permit issued to the petitioner by the Corporation on 18.01.2014. Before obtaining Ext.P1 building permit, the petitioner has obtained through the Corporation, No Objection Certificate from the Fire and Rescue Services Department of the State Government for the construction proposed. The height of the building proposed by the petitioner as per the plan submitted for building permit as also for No Objection Certificate of the Fire and Rescue Services Department was 14.95 meters. After the construction, the petitioner applied for occupancy certificate. When the petitioner applied for occupancy certificate, the Corporation requested the first respondent, the competent authority to issue the final No Objection Certificate of the Fire and Rescue Services Department for the building. Ext.P2 is the communication sent by the Corporation to the first respondent in this connection. Ext.P3 is the reply to Ext.P2 communication received by the Assistant Executive Engineer of the Corporation. As per Ext.P3, the first

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