MOIDEEN KOYA Vs. CORPORATION OF KOZHIKODE

JUDGEMENT

(1.) The operational dynamics and the functional realm of Rule 24 of the Kerala Municipalities Building Rules, 1999 (for short, "the Rules") presents in this writ petition for consideration, while appraising and evaluating the facts as have been pleaded by the parties.

(2.) The constitutive facts essential for the purpose of resolution of the disputes in this case are that the petitioner had constructed a building based on a valid building permit and the said construction, under the provisions of the Rules, obligatorily left certain specified exterior and interior open air spaces around it.

(3.) The petitioner made the construction in full compliance of such provisions, but subsequently, as per Ext.P2 sale deed, he has apparently sold a portion of the exterior space appurtenant to the construction to another person for consideration.