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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. DIAS, J
THAJUDHEEN AHAMMED – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. petitioners claim for deemed occupancy. (Para 1 , 2 , 3) |
| 2. lack of response from authorities. (Para 4 , 5 , 6) |
| 3. interpretation of statutory provisions. (Para 7 , 8 , 9) |
| 4. court affirms entitlement to deemed certificate. (Para 10) |
JUDGMENT
The writ petition is filed to declare that the petitioners have obtained a deemed occupancy certificate under the third proviso to Rule 20(3) of the third Proviso of the Kerala Municipality Building Rules, 2019 (‘ KMBR ’, for short).
2. The petitioners 1 and 2 are the owners in possession of 3 Ares and 23.75 sq. meters of land comprised in Survey No. 209/109 of Beypore Village, Kozhikode Taluk, Kozhikode District, covered under Ext. P1 land tax receipt. The 3rd petitioner is the owner in possession of 2 Ares and 42.81 sq. meters of land in the same survey number adjacent to the property of the petitioners 1 and 2 under Ext. P2 land tax receipt.
With an intention to construct a commercial building in the property, the petitioners have obtained Ext. P3 building permit issued by the 4th respondent. The petitioners completed the construction within the validity period of the building permit and submitted Ext. P4 completion certificat
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