BINA MATHEW Vs. STATE OF KERALA

JUDGEMENT

(1.) Appellant/petitioner is stated to be absolute owner in the absolute possession and enjoyment of 27.44 Ares about 70 cents of land in Survey Nos.328/34, 328/35, 328/33 and 328/4-1 in Kumarakom Village, Kottayam Taluk, Kottayam District.

(2.) On 22/12/2010, appellant submitted an application for building permit for 5.73 cents of land in Survey No.328/34 for the purpose of construction of a residence.

(3.) The Panchayat at the relevant point of time, to whom only the Kerala Municipality Building Rules, 1999 ('KMBR, 1999' for short) was applicable with effect from 1998, granted the permit vide Ext.P1 order dtd. 28/12/2010 valid up to 27/12/2013, i.e., for a period of three years on 131.37 sq. mtrs. for residential purposes. It was stated that the proposed constructions would be in accordance with the approved plan. Since the construction could not be completed, another application was submitted for extension of the permit on the same piece of land on same Survey number, which was granted for a period of another three years up to 27/12/2016 vide Ext.P3, with a condition that the construction is restricted to Survey No.328/34.