SHEIK USMAN Vs. CHAIRMAN (DISTRICT COLLECTOR)

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking the following reliefs:-

(2.) Material facts for the disposal of the writ petition are as follows:-

(3.) On 30.04.2014, petitioner obtained Ext.P1 building permit for construction of a commercial building in his property situate in Sy.No.530/P of Kalppetta Village, within the limits of the 2nd respondent Municipality. On completion of the building, petitioner applied for occupancy certificate. At that point of time, petitioner was required to obtain a permission from the 1st respondent for issuance of occupancy certificate on the basis of Exts.P3 and P4 orders passed by the said authority under the Disaster Management Act, imposing height restrictions on buildings under construction in Wayanad district. As per Exts.P3 and P4 orders dated 30.06.2015 and 20.06.2017, the height of a building in a Municipality area in Wayanad district is not to exceed 16 meters. According to the 2nd respondent, the height of the building of the petitioner exceeds 16 meters.