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2022 Supreme(Online)(KER) 5536

HIGH COURT OF KERALA
N. NAGARESH, J
USHA RAJAN – Appellant
Versus
TRIPUNITHURA MUNICIPALITY – Respondent


Advocates:
R.LAKSHMI NARAYAN, SMT.R.RANJANIE, SHRI.NEVIL ZACHARIA MATHEW

JUDGMENT

Dated this the 11th day of August, 2022 [WP(C) NOS.25545 of 2020 & 6151 of 2021]

The petitioner in WP(C) No.25545/2020 is a Property Developer, who has constructed a multi-storeyed residential apartment complex named 'Padmaraga' in Thripunithura Municipality. The petitioner in WP(C) No.6151/2021 is a purchaser of an apartment unit in the said building.

2. The petitioners state that a multi-storeyed residential building 'Padmaraga' was constructed on the property, on the basis of a Building Permit issued by the Municipality on 03.11.2011. The period of Building Permit was extended from time to time and it was valid upto 28.10.2020. The petitioner in WP(C) No.25545/2020 completed the construction and submitted an application for Occupancy Certificate on 24.04.2018.

3. The grievance of the petitioners is that the Corporation Authorities are not issuing Occupancy Certificate. The petitioners are therefore before this Court seeking to direct the Tripunithura Municipality to issue Occupancy Certificate to the petitioners in the prescribed format in compliance of Rule 20(3) of the Kerala Municipality Building Rules, 2019.

4. Counsel for the petitioners urged that the Occupancy Certifi

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