ASSET HOMES P LTD Vs. STATE OF KERALA

JUDGEMENT

(1.) The unsuccessful Petitioners whose Writ Petition was dismissed by judgment dated 14th of December, 2010 have filed this appeal.

(2.) Briefly stated, the facts pleaded in the Writ Petition are that the first Appellant is a Private Limited Company engaged in construction activities and the second Appellant is the owner of 70.23 cents of land comprised in Sy. No. T.S 77 in Ward No. 3, Block No. 2 of Kannur Municipality. The Appellants have entered into a joint venture agreement among themselves for developing the aforesaid land by constructing a commercial cum residential building comprising of basement floor, ground floor and 18 floors and head room. They submitted Ext.P1 application to the 2nd Respondent for approval of the plan and for issuance of building permit. According to them, the plan was found to be complying with all rules and regulations including the Kerala Municipality Building Rules, 1999 (hereinafter referred to as 'Building Rules' for short).

(3.) Thereafter the 2nd Respondent forwarded copies of the plans to the Fire and Rescue Department for issuing NOC and Ext.P4 NOC was issued on 18.2.2009. Similarly, the Army Station Headquarters also vide Ext.P5 dated 18.8.2008 granted NOC for the construction.