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2022 Supreme(Online)(KER) 9741

HIGH COURT OF KERALA
T.R.RAVI, J
PARAVUR TOWN MERCHANTS ASSOCIATION – Appellant
Versus
THE SECRETARY PARAVUR MUNICIPALITY – Respondent


Advocates:
For the Appellants/Petitioners: DINESH R.SHENOY, SRI.EBIN MATHEW, SRI.P.ROHIT PREMANANDAN SHENOY
For the Respondents: SHRI.C.S.AJITH PRAKASH, PHILIP T.VARGHESE, SHRI.ANOOP V.NAIR, SRI. B. S. SYAMANTHAK, GP.

Table of Content
1. summary of the initial petition and compliance details. (Para 1 , 2)
2. discussion on corrected violations and relevant building laws. (Para 3 , 4)

JUDGMENT

The prayer in the writ petition is to quash Ext.P1 order issued by the 2nd respondent and for a direction to the 1st respondent to grant occupancy certificate to the petitioners building without any further delay in the light of Exts.P3 & P4 building permits and Exts.P15, P16, P38, P39, P52, P53, P54, P56 and P58.

2. Pending the writ petition, this Court had directed the 1st respondent to number the building provisionally subject to the result of the writ petition, as per order dated 17.12.2021. In compliance with the said directions, it is submitted that provisional numbering has already been done.

3. When the case was taken up today, the counsel for the 1st respondent pointed out paragraph 12 of the counter affidavit dated 14.12.2021, wherein it is stated that most of the deviations have already cleared and the only deviation that remains is regarding the one at the top floor where, in violation of the building permit in which the spaces shown as children's play area, an auditorium has been constructed. The coun

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