Kerala High Court
The Secretary To Government Of Kerala vs S.Ashok Kumar on 6 April, 2010
Author: C.N.Ramachandran Nair
Bench: J.Chelameswar, C.N.Ramachandran Nair
IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 2879 of 2009()
1. THE SECRETARY TO GOVERNMENT OF KERALA,
... Petitioner
2. THE CHIEF TOWN PLANNER,
3. THE TOWN PLANNER,
Vs
1. S.ASHOK KUMAR, S/O. SIVARAMAN,
... Respondent
2. THE KOLLAM CORPORATION, REPRESENTED BY
3. TOWN PLANNING OFFICER,
For Petitioner :GOVERNMENT PLEADER
For Respondent :SRI.ANIL THOMAS(T)
The Hon'ble the Chief Justice MR.J.CHELAMESWAR
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
Dated :06/04/2010
O R D E R
J.Chelameswar, C.J. & C.N.Ramachandran Nair, J.
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W.A. No.2879 of 2009
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Dated this the 6th day of April, 2010
JUDGMENT
C.N.Ramachandran Nair, J.
This writ appeal is filed by the State against the judgment of the learned Single Judge dated 20th January, 2009 in W.P.(C) No.11715 of 2006 quashing the order against the first respondent/writ petitioner for demolition of the building constructed by him. It is the finding of the learned Single Judge that the building was constructed by the first respondent according to the building plan approved by the 4th respondent Corporation.
2. The allegation of the State is with regard to the violation of Zoning Regulations. However, it is seen from the records and the finding of learned Single Judge that the Chief Town Planner also has supported the case of the first respondent that the construction is in accordance with the building plan approved. Even though the learned Government Pleader submitted that sufficient W.A. No2879 of 2009 .
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clearance is not left for widening of the road, at this stage, in our view, the remedy available is to proceed with acquisition of the land or even the constructed building or part thereof on payment of compensation and construct the road, if required.
Subject to the above observation, the writ appeal filed by the State is dismissed.
J.Chelameswar, Chief Justice C.N.Ramachandran Nair, Judge vns