IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 22279 of 2010(H)
1. BIOJ.K.S., KALAPPURACKAL VEEDU,
... Petitioner
Vs
1. VENGOLA GRAMA PANCHAYAT, REPRESENTED
... Respondent
2. THE CHIEF TOWN PLANNER, TOWN & COUNTRY
3. THE SENIOR TOWN PLANNER,
4. STATE OF KERALA, REPRESENTED BY
For Petitioner :DR.GEORGE ABRAHAM
For Respondent :SRI.SIRAJ KAROLY
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :04/11/2010
O R D E R
T.R. Ramachandran Nair, J.
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W.P.(C) No. 22279 of 2010-H
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Dated this the 4th day of November, 2010.
JUDGMENT
The petitioner intents to start an SSI unit for manufacturing plywood
in a plot of 16.82 ares of land in R.S. No.119/8-1, 119/8-2 and 119/9-1 of
Arackalpadi Village of Kunnathunad Taluk. Ext.P1 is the copy of the
application for building permit. He was given a reply by the third
respondent as per Ext.P3 stating that his application cannot be considered as
the width of the road leading to the unit is not having 7.0 meter in terms of
Rule 57(5) of the Kerala Municipality Building Rules.
2. Learned counsel for the petitioner submitted that the above rule
has been amended as per Ext.P4 notification, whereby the width has been
reduced to 3.6 meter.
3. Heard learned counsel for the Panchayat. In the light of the
amendment introduced by the notification Ext.P4, Ext.P3 will stand set
aside and the third respondent will reconsider the application in terms of the
amended rules and communicate the decision to the Panchayat, for enabling
the Panchayat to issue a building permit as sought for by the petitioner. The
same shall be done within a period of three weeks from the date of
wpc 22279/2010 2
production of a copy of this judgment.
The writ petition is disposed of as above. No costs.
(T.R. Ramachandran Nair, Judge.)
kav/