Appeal filed against dismissal of writ petition challenging a building permit for an M-sand unit. Court rejected challenge on ground that fact-finding authority found road width compliant and building was constructed with occupancy certificate.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
THE HONOURABLE THE CHIEF JUSTICE MR.ANTONY DOMINIC & THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
WEDNESDAY, THE 21ST DAY OF FEBRUARY 2018 / 2ND PHALGUNA, 1939
WA.No. 376 of 2018 IN WPC. 29910/2015
AGAINST THE JUDGMENT IN WP(C) 29910/2015 of HIGH COURT OF KERALA DATED 06-12-2017
APPELLANT(S)/PETITIONERS IN WRIT PETITION
1 JASMINE REGI W/O. REJI, AGED 38 YEARS, KOLLIYIL HOUSE, KATHALIKKAD P.O., PIRALIMATTOM, ERNAKULAM DISTRICT, PIN - 686 670.
2 SHAJU JAMES, S/O. CHACKO, NIRAPATH HOUSE, KATHALIKKAD P.O., PIRALIMATTOM, ERNAKULAM DISTRICT, PIN - 686 670.
3 JOSE JOSEPH, S/O. JOSEPH, VETTUKALLUMPURATH HOUSE, KATHALIKKAD P.O., PIRALIMATTOM, ERNAKULAM DISTRICT, PIN - 686 670.
BY ADV.SRI.GEORGEKUTTY MATHEW
RESPONDENT(S)/RESPONDENTS IN WRIT PETITION:
R1, 2 BY SRI.S.SHANAVAS KHAN R3 BY SRI.C.UNNIKRISHNAN (KOLLAM)
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 21-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JJJ
ANTONY DOMINIC, C.J. & DAMA SESHADRI NAIDU, J.
Writ Appeal No. 376 of 2018
Dated: 21st February, 2018
J U D G M E N T
Antony Dominic, C.J.
W.P.(C) No.29910 of 2015 was filed by the appellants challenging a building permit that was issued to the 3rd respondent for construction of a building for setting up an M-sand manufacturing unit. Writ petition having been dismissed, this appeal is filed.
W.A. No. 376/2018
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reading of the judgment under appeal reveals that the road in question was inspected by an Assistant Engineer of the Local Self Government Department who found that the width of the road is almost 8 metres. It is also seen that the building permit in question was challenged before the Tribunal for Local Self Government Institutions in an appeal filed by some other neighbouring residents like the appellant and the Tribunal had accepted the report and upheld the permit.
W.A. No. 376/2018
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with KPBR and the permit, the Panchayat has issued occupancy certificate and has numbered the building. These facts have been found by the learned Single Judge also. In such circumstance, according to us, the appellant has not made out any case for interference of the judgment under appeal.
The Writ Appeal is dismissed. No Costs.
Sd/ANTONY DOMINIC, CHIEF JUSTICE.
Sd/DAMA SESHADRI NAIDU, JUDGE.
jjj 21/02/2018
1 issue framed by the court
Whether the writ court should interfere with a decision upholding a building permit where the road width complied with inspection reports and prior tribunal findings.
Jasmine Regi W/o. Reji and others
Manjallur Grama Panchayath and others
Antony Dominic
Dama Seshadri Naidu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
