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2020 Supreme(Ker) 618

Leela Santu – Appellant
Versus
Secretary, Kothamangalam Municipality – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: P.K.Soyuz, E.V.Babychan, Joby Cyriac and Kurian K. Jose
For the Respondent: Peeyus A.Kottam, George Sebastian and Saigi Jacob Palatty, Sr.Government Pleader

JUDGMENT :

As common issues arise in both these matters, these Writ Petitions are disposed of on the basis of this common judgment. W.P.(C).No.14707/2020 is taken as the lead case for the sake of convenience.

2. The prayers in W.P.(C).No.14707/2020 are as follows:

    i) Call for the entire records leading to Ext-P2 issued by respondent municipality and quash the same by issuing a writ of certiorari or any other appropriate writ order or direction.

(ii) Issue a writ of mandamus or any other appropriate writ or direction or order and thereby command the respondent municipality to allow the petitioner’s application for occupancy certificate, de-hors the fact that the petitioner’s property described as nilam in the basic tax register.

(iii) Grant such other reliefs which are just and necessary in the interest of justice.

3. The prayers in W.P.(C).No.2230/2020 are as follows:

    “1. Issue a writ of mandamus or any other appropriate writ, order declaring that the petitioner, who was issued Building Permits and commenced construction in terms of such Building Permits, prior to 30.12.2017 is not liable to seek permission from RDO under Section 27A of the Paddy & Wetland Act and pay fees prescribed the

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