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2024 Supreme(Online)(KER) 17885

HIGH COURT OF KERALA
Murali Purushothaman, J
USHA S. MENON, – Appellant
Versus
CORPORATION OF COCHIN, – Respondent


JUDGMENT

The petitioner is the owner in possession of a property in Sy. No.16/7A and 7B of Edapally North Village along with her deceased mother Smt.Vasanthy Sreedhara Menon and others. All the co-owners of the said property together filed Ext.P1 application for building permit on 06.03.2008. During the pendency of the said application, Smt.Vasanthy Sreedhara Menon, the first applicant died. Pursuant to the building permit issued, the petitioner completed the construction and submitted Ext.P3 Completion Certificate on 28.02.2017 for the purpose of occupancy. The case of the petitioner is that in spite of submission of Completion Certificate, she was not issued with Occupancy Certificate. The petitioner submits that since Occupancy Certificate was not issued within a period of fifteen days from the date of submission of the completion report, she is entitled for deemed Occupancy Certificate under Rule 22(3) of the Kerala Municipality Building Rules, 1999 (for short, ‘the Rules, 1999’).

2. A counter afÏdavit has been filed by the Corporation. It is stated therein that a communication was issued to the petitioner asking her to cure certain defects in the application for Occupancy Certi

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