ALBERT JERONE Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners challenge Ext. P4 exemption granted to the 4th respondent from the provisions of the Kerala Building Rules, 1984.

(2.) The fourth respondent applied for exemption on 05/08/1998. S.410 of the Kerala Municipality Act, 1994, hereinafter referred to as the 'Principal Act', then provided for grant of exemption from all or any of the provisions of Chapter XVIII of that Act. While that application was pending, S.410 of the Principal Act was repealed with effect from 24/03/1999 by Kerala Municipality (Amendment) Act, 1999 (Act 14 of 1999), hereinafter, the 'Amending Act', for short. Thereafter, on 01/10/1999, Kerala Municipality Building Rules, 1999, for short, the 'KMBR, 1999', came into force resulting in the repeal of the Kerala Building Rules, 1984, for short, the 'KBR, 1984'. It was thereafter, i.e., on 05/11/1999, that the impugned Ext. P4 was issued. On the strength of Ext. P1, the Panchayat granted permit.

(3.) The factual controversies between the parties rest on verdicts rendered inter partis by the Civil Courts.