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2022 Supreme(Ker) 1003

N. NAGARESH
Usha Rajan, W/o. Late Rajan – Appellant
Versus
Tripunithura Municipality, Tripunithura, Ernakulam District, Represented By Its Secretary – Respondent


Advocates Appeared:
For the Petitioner: Sreelal N. Warrier, Sri. Biju Mathew, Shri. Shan V. Shine.
For the Respondents: Sri. C.V. Manuvilsan, Sri. P. Benjamin Paul, Sri. A. Arunkumar.

JUDGMENT :

1. The petitioner in WP(C) No.25545/2020 is a Property Developer, who has constructed a multi-storeyed residential apartment complex named 'Padmaraga' in Thripunithura Municipality. The petitioner in WP(C) No.6151/2021 is a purchaser of an apartment unit in the said building.

2. The petitioners state that a multi-storeyed residential building 'Padmaraga' was constructed on the property, on the basis of a Building Permit issued by the Municipality on 03.11.2011. The period of Building Permit was extended from time to time and it was valid upto 28.10.2020. The petitioner in WP(C) No.25545/2020 completed the construction and submitted an application for Occupancy Certificate on 24.04.2018.

3. The grievance of the petitioners is that the Corporation Authorities are not issuing Occupancy Certificate. The petitioners are therefore before this Court seeking to direct the Tripunithura Municipality to issue Occupancy Certificate to the petitioners in the prescribed format in compliance of Rule 20(3) of the Kerala Municipality Building Rules, 2019.

4. Counsel for the petitioners urged that the Occupancy Certificate is being denied to the building for the reason that the land where

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