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2022 Supreme(Online)(KER) 38394

HIGH COURT OF KERALA
Murali Purushothaman, J
KALYAN JEWELLERS INDIA LTD., – Appellant
Versus
THE KOLLAM CORPORATION – Respondent


Advocates:
Adv Binoy Vasudevan, Sri. M.K. Chandra Mohan Das, SC, Kollam MPT

JUDGMENT

The petitioner has filed this writ petition for a direction to the 2nd respondent to issue occupancy certificate and to assign number to the petitioner's building covered by Ext.P4 permit.

2. On 25.06.2021, this Court has passed an interim order as hereunder:-

Admit.

2. On the strength of Ext P4 building permit the petitioner constructed a commercial building, having a plinth area of 1501.91 sq. mtr., in 7.07 Ares of property situated in old Survey No.7951, 7953 and 7956 of Kollam East village. On completion of construction, the petitioner submitted application for occupancy certificate. The Corporation noticed certain defects and directed rectification of the same. On rectification, the petitioner re-submitted the completion plan. It is not disputed by the Corporation that the necessary rectifications were done and that the construction is presently in accordance with the approved plan and permit. In the statement dated 03.06.2021, filed on behalf of the Corporation, it is stated thus:

“The Completion Plan was resubmitted by the applicant after removing the shortcomings on

03.04.2021.”

3. However, occupancy certificate was not issued stating that, it was noticed thereafter that

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