K.M.Mosah v. the Secretary
Case brief
What is this about?
High Court held that a petitioner who constructed a room without a permit can approach the authority for regularisation if the construction does not violate the Act or Rules, and granted liberty to do so.
What did the court decide?
Liberty granted to petitioner to apply for regularisation of construction, respondent to decide within four months.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY ,THE 01ST DAY OF NOVEMBER 2018 / 10TH KARTHIKA, 1940
WP(C).No. 615 of 2018
PETITIONER/S:
K.M.MOSAH
AGED 52 YEARS, S/O. MATHU,DOOR NO 68/2922KANNANAYAKKAL HOUSE, MATHAIMANJUOORAN ROAD,ERNAKULAM NORTH P.O,ERNAKULAM DISTRICTM PIN 682 018
BY ADV. SRI.ALIAS M.CHERIAN
RESPONDENT/S:
1 THE SECRETARY CORPORATION OF COCHINSHANMUGHAM ROAD, HEAD POST OFFICE P.O,KOCHI, ERNAKULAM,PIN 682 011
2 ASSISTANT EXECUTIVE ENGINEER TOWN PLANNING SECTION,CORPORATION OF COCHIN, SHANMUGHAM ROAD,HEAD POST OFFICE P.O,KOCHI, ERNAKULAM PIN 682 011
Issues for consideration
2 issues framed by the court
Whether a petitioner carrying out illegal construction without a permit is entitled to apply for regularisation if the construction does not violate statutory provisions.
Whether the Authority ought to provide an opportunity of being heard before refusing regularisation.
Parties & counsel
- petitioner
K.M. MOSAH
- respondent
SECRETARY CORPORATION OF COCHIN
- respondent
ASSISTANT EXECUTIVE ENGINEER TOWN PLANNING SECTION
- respondent
JOHNSON
Coram
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court