PAVIYAN.C.KONATH Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner has approached this Court impugning Ext.P4, as per which, his application for a building permit for making construction in a property comprising of 43 cents has been rejected, saying that the petitioner has not left sufficient setback required for the purpose of widening the road in front of it, as per the provisions of the Master Plan applicable to the respondent- Municipality.

(2.) The petitioner asserts that the Master Plan for the Chalakkudy Town has not been operated at all by the said Municipality for the last several decades and that none of the constructions made in the said locality have left the setback now required of them. He, therefore, prays that Ext.P4 be set aside.

(3.) In response, the learned Standing Counsel for Chalakkudy Municipality submits that as long as the Master Plan provides for widening of the road in question, the petitioner will be obligated to leave sufficient setback for this purpose; and thus asserts that Ext.P4 has been issued without fault. He, therefore, prays that this Writ Petition be dismissed.