Allowed
Nirmala Salim v. the Chirakkadavu Grama Panchayat
Kerala HCWP(C)/10476/2013
Case brief
AI extract
What is this about?
The Kerala High Court held that a Panchayat cannot enforce a highway setback requirement on a building permit holder absent a notification under the Highway Protection Act, 1999. The court ruled that a Government Circular cannot override statutory rules, directing the Panchayat to issue an occupancy certificate in accordance with the Kerala Panchayat Building Rules, 2011.
What did the court decide?
The writ petition was allowed; the Panchayat was directed to consider the building numbering and grant the occupancy certificate in accordance with the Kerala Panchayat Building Rules, 2011.