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2020 Supreme(Ker) 132

S.MANIKUMAR, SHAJI P.CHALY
Malik Bin Deenar Islamic Complex, Rep. by Its President – Appellant
Versus
Kaipamangalam Grama Panchayat, Rep. by Its Secretary – Respondent


Advocates Appeared:
For the Appellant : Sri. V.N. Haridas, Smt. Siby P. Jose, Sri. K.T. Bosco.
For the Respondent: Benhur Joseph Manayani (B/O).

JUDGMENT :

SHAJI P. CHALY, J.

This writ appeal is filed by the petitioners in W.P.(C) No. 22552 of 2019 challenging the judgment dated 09.12.2019, whereby the following reliefs sought for by the appellant was declined:

    1. Issue a writ in the nature of mandamus directing the 2nd respondent to consider Ext.P4 and issue occupancy certificate and number the building in accordance with the law.

2. Issue appropriate writ, order or direction declaring that the petitioner is entitled for deemed occupancy as per the proviso to Rule 25(3) of the Kerala Panchayat Building Rules, 2011.

2. Brief material facts for the disposal of the appeal are as follows:

    The appellant has secured a building permit from the Kaipamangalam Grama Panchayat, Thrissur District dated 07.05.2010 for construction of a building to conduct an Educational Institution which was renewed twice and valid upto 06.05.2019. Apparently, construction was carried out, partly in a property not included in the building permit. Later, layout approval of the Town Planner was sought and it is evident that on 31.08.2017 as per Ext.P2, approval was granted by the Town Planner. It is also clear that on 15.09.2018, fire NOC was issued and, on 29

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