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2021 Supreme(Online)(KER) 39386

HIGH COURT OF KERALA
SURESH BABU – Appellant
Versus
MELUKAVU GRAMA PANCHAYATH – Respondent


J U D G M E N T

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Dated this the 15th day of July, 2021 The petitioner, who has constructed a commercial building complex, has filed this writ petition seeking to direct respondents 1 and 2 to allot building numbers and occupancy certificate for eight shop rooms constructed by him.

2. The petitioner states that he owns 32.10 Ares of land in Melukavu Village of Meenachil Taluk. The petitioner, as per Ext.P1, obtained building permit from the 1st respondent-Panchayat to construct 602.24 square metres commercial building. The building consisted of 10 shop rooms. While the petitioner approached the 1st respondent seeking occupancy certificate, the 3rd respondent, who is brother of the petitioner, filed OS No.101/2020 before the Munsiff’s Court, Erattupetta, alleging that two of the shop rooms constructed by the petitioner are situated in the property of the 3rd respondent. The said two shop rooms were scheduled in Ext.P2 plaint.

3. The petitioner states that the Munsiff’s Court, as per Ext.P3, granted an interim injunction restraining the 1st respondent from allotting building number to the two scheduled shop rooms. On the basis of this interim order, the 1st respondent d

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