GEORGE VARGHESE Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner challenged Ext.P16 Government Order rejecting the application of the petitioner for regularising the construction of his office building.

(2.) The petitioner owns 93 cents of land in Survey Nos.128/6-1, 128/6-2, 128/6-3 and 128/6-4 of Kottarakkara Village in Kollam District. The petitioner is running "Christuraj Hospital" in a building situated thereon. The Hospital was constructed in "L" shape during 1978-1980 when no Building Rules applied to the then Kottarakara Panchayat. The Panchayat was collecting building tax since the year 1981.

(3.) On 01.12.2003, the petitioner "?s mother was given Ext.P2 Building Permit by the Panchayat for constructing a new Hospital building adjacent to the existing one. The Kerala Municipality Building Rules (KMBR) were made applicable on 06.06.2007. The construction of the building as per Ext.P2 was started before the KMBR was made applicable to the Panchayat. Based on Ext.P2, first floor and second floor of the building was completed. The Building Contractor engaged by the petitioner abandoned the work in 2005. The dispute with the contractor was settled only on 10.12.2011. The entire construction, except finishing works, was completed before 10.12.2006.