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2022 Supreme(Online)(KER) 51082

HIGH COURT OF KERALA
MOIDEEN HAJI P.K. – Appellant
Versus
TIRUR MUNICIPALITY – Respondent


JUDGMENT

Dated this the 4 th day of March, 2022 This writ petition is filed seeking the following reliefs :-

“i) Issue a Writ of mandamus directing the respondents to issue occupancy certificate to the petitioner based on the completion certificate submitted by the petitioner as evidenced by Ext.P7 forthwith.

ii) Issue a Writ of mandamus directing the respondents to issue the occupancy certificate, without taking into account minor variation in the completion plan, if the variations do not conflict with the Kerala Municipality Building Rules as stated in Proviso to Rule 17(1) of the Rules.”

2. Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the Municipality.

3. It is submitted by the learned counsel for the petitioner that the petitioner had been issued with Ext.P5 building permit on 26.3.2014 for the construction of a two storied building in his property. It is submitted that though the construction of the building is completed in the year 2016, the building permit had been cancelled alleging minor variations in the construction carried out. It is submitted that thereafter, the petitioner had submitted application for regularisation and had a

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