INDIRA Vs. CORPORATION OF KOZHIKODE

JUDGEMENT

(1.) Mainly, it is a case where the petitioner is aggrieved by the permit granted by the Corporation of Kozhikode as per Ext.P1 to respondent Nos. 2 to 5 for construction of a building having total plinth area of 219.23 sq.mts. in three floors; viz., with a plinth area of 70.67 sq.mts. in the ground and first floors and, 70.67 sq.mts and 7.22 sq.mts. in the second floor. The petitioner is a neighbouring owner. According to the petitioner, respondents 2 to 5 are apartment builders who have been granted permission to build three floors in a small plot of 3 cents. It is stated that the same violates the provisions contained in Rr. 60 to 64 of the Kerala Municipality Building Rules, 1999 as well as Ext.P4 order passed by the Government clarifying the position under the relevant Rules. Heard both sides.

(2.) It is submitted by the learned counsel for the petitioner that R. 60 and proviso therein as well as R. 61 if read along with Ext.P4 will show that the maximum plinth area can only be 150 sq.mts. Herein, what is sanctioned is above the said limit and, therefore, the permit will not be one in tune with the provisions under the Rules and Ext.P4 Government Order. Reliance is placed on the decision of the learned Single Judge in Premajan K. v. Corporation of Kozhikode and others, 2012 1 KerLT 919 .

(3.) Learned counsel appearing for respondent Nos. 2 to 5 submitted that Ext.P4 cannot have an application in a case like this, which is clear from a reading of the opening paragraph of the said order itself.