Nizzar Rawther vs Varghese Mathew And Ors. on 3 July, 1991
In our opinion, the view taken in the decision in Nizzar Rather's case does not require reconsideration since the said view was confirmed by a Division Bench of this Court in the decision reported in Rema Devi v. Janaki Amma, 1996 (1) KLJ427, wherein the Division Bench held that the requirement of plan and licence can only be under the Kerala Building Rules or any other statute governing the matter and that when the building is sought to be put up in a place to which Building Rules are not extended, no licence is required, and in such a situation, no plan is contemplated. We agree with the opinion expressed by the Division Bench in the above decision. In view of the above decision, the contention of the learned counsel for the tenant regarding plan and licence fails".