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2013 Supreme(Online)(Ker) 36229

KERALA HIGH COURT
, J
Thankamma Mathew and Others v. Corporation of Kochi and Another


Table of Content
1. issuance of occupancy certificates based on site inspections. (Para 1 , 2 , 3)
2. challenges to tribunal orders based on misrepresentation. (Para 4)
3. court's conclusions on authority's accountability. (Para 5)

1. The latter among the captioned matters has come up for admission.

2. These cases relate to two buildings, Jewel white field Poothullil and Jewel Spring Field, two multi apartment complexes, the huge structures being available to be seen in photographs Ext. P4 in WP (C) 30475/09.

3. Nearing or after, the completion of those buildings, the corporation authorities took the stand that they will not issue occupancy certificate because there was misrepresentation of facts relating to the width of a road or the distance of the access road. That matter reached the Tribunal for Local Self Government Institutions. The Tribunal held, by order dated 23.6.2009, that at the hearing of the case, the respondent corporation was not in a position to point out any plans as submitted by the builders showing the width of the road wrongly as 5 metres. It was also held that the corporation was not in a position to establish the alleged misrepresentation which is stated to be the


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