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2023 Supreme(Ker) 993

BECHU KURIAN THOMAS
Josepheena T. T. – Appellant
Versus
Thrissur Municipal Corporation – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.K.J.MANU RAJ, SRI.RAVI KRISHNAN, SMT.K.VINAYA, SRI.JOBY JOSEPH (THRISSUR)
For the Respondent: ADV SANTHOSH P.PODUVAL

JUDGMENT :

The effect on a building permit when the property involved in the permit was subjected to a sale without informing the local authority needs to be resolved in this writ petition.

2. Petitioner's application for a completion certificate and occupancy certificate was rejected due to the failure to inform the sale of the property over which the building permit existed. Petitioner challenges the said order of rejection.

3. Petitioner had purchased an extent of 3.24 Ares of property in Re-survey No.246/40 of Nettisserry Village as per Ext.P1 sale deed. Before the sale, the prior owner had obtained a permit to construct a building on the said property. Though the permit was in existence, the transfer of property was not informed to the local authority. After the purchase, petitioner constructed the building based on the permit and applied for a completion certificate and occupancy certificate. However, the first respondent rejected the application, stating that the transfer of property was not intimated to the Corporation as required under Rule 19 of the Kerala Municipality Building Rules, 2019 (for short, 'KMBR'). Petitioner alleges that the impugned order is arbitrary and oppos

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