IN THE HIGH COURT OF KERALA AT ERNAKULAM
RP No. 770 of 2007()
1. JUDE,S/O.XAVIER,2/403,PADINJATTUMURI,
... Petitioner
2. JOSEPH,S/O.CHACKO,CHOORAKKULATH,
3. SUNNY,S/O.JOSEPH,PANAKKAL,2/405,
4. XAVIER,S/O.THOMMAN,CHITTATTUTHARA,
Vs
1. FATHIMA,W/O.XAVIER,PANANJIKKAL HOUSE,
... Respondent
For Petitioner :SRI.M.R.RAJESH
For Respondent :SRI.JOSEPH FRANKLIN
The Hon'ble MR. Justice P.R.RAMAN
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :14/08/2007
O R D E R
P.R.RAMAN & ANTONY DOMINIC, JJ.
--------------------------------
R.P.NO.770 OF 2007 IN
R.C.R.NO.69 OF 2007
--------------------------------
Dated this the 14th day of August, 2007
O R D E R
Raman,J.
Petitioners seek for review of the order passed by this Court in
R.C.R.No.69/2007. According to them, pursuant to the hearing of the
matter, by circular issued by the Government, produced as Annexure-
A, Kerala Municipal Buildings Rules are made applicable to all the
Panchayats and in case no construction is started so far, such circular
will apply and fresh building permit is to be obtained. This subsequent
fact if taken note of, it is said that in the absence of any permit issued
in accordance with the Kerala Municipal Building Rules, the tenant
cannot be evicted without ensuring the compliance of the said rules and
leaving sufficient space in accordance with the Kerala Municipal
Building Rules. It is also contended that if the construction is to be
made in accordance with the Kerala Municipal Building Rules within
the available space, it will not be possible to put up the construction.
2. We have heard the learned counsel Sri Rajesh appearing for
the petitioners and also the learned counsel Sri Joseph Franklin
appearing for the respondent. The learned counsel for the respondent
-2-
R.P.NO.770/2007
produced a letter of the Kumbalangi Grama Panchayat signed by the
Special Grade Secretary under date 13/8/2007 certifying that in
Kumbalangi Grama Panchayat, the Kerala Municipal Building Rules has
been implemented since 1986 and further in the present case building
permit is obtained in accordance with the said rules. As far as the
petitioners’ building in Kumbalangi Grama Panchayat is concerned, the
Kerala Municipal Building Rules having already been implemented, the
fact as stated in the review petition has not given rise to any new ground
for maintaining a review petition.
3. In the facts and circumstances and in view of the letter of the
Special Grade Secretary, Kumbalangi Grama Panchayat, certifying that
the Kerala Municipal Building Rules has been implemented as early as in
1986, we find that the new circular has not given rise to any new fact
required to be considered in this review petition.
Review Petition is accordingly dismissed.
P.R.RAMAN,
Judge.
ANTONY DOMINIC,
Judge.
kcv.
-3-
R.P.NO.770/2007