RAJENDRANATH V Vs. STATE OF KERALA AND OTHERS

JUDGEMENT

(1.) These writ petitions are filed by the permit holders from the local authority to construct residential apartment buildings in Wayanad District, aggrieved by the operation of Ext.P4 proceedings of the Chairman, District Disaster Management Authority and the District Magistrate, Wayanad, produced in WP(C) No.29516 of 2015 (which is Ext.P15 in WP(C) No.24873 of 2015).

(2.) There is no dispute to the effect that petitioners were issued with permit by the local authority before the date of issuance of Ext.P4. Ext.P4 (in WP(C) No.29516 of 2015) was issued on 30.6.2015 under the Disaster Management Act, 2005 (hereinafter referred to for short as 'the D.M.Act').

(3.) Petitioners approached this Court alleging that their right to construct apartment buildings in tune with building permit issued by the local authority cannot be affected on account of operation of Ext.P4. By Ext.P4, restriction on maximum height for construction of the building has been prescribed, which is also stated in para 9 of the counter affidavit filed on behalf of second and third respondents, is as follows: <FRM>JUDGEMENT_200_LAWS(KER)11_20151.htm</FRM>