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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, MURALEE KRISHNA S., JJ
MINI BENNY – Appellant
Versus
THE NARAKKAL GRAMA PANCHAYAT – Respondent
| Table of Content |
|---|
| 1. challenge on occupancy certificate compliance. (Para 1 , 2) |
| 2. arguments on maintaining construction and due process. (Para 6 , 7 , 8) |
| 3. legal observations on encroachment and occupancy rules. (Para 9 , 10 , 11 , 12 , 13 , 14) |
| 4. clarification on natural justice regarding encroachment. (Para 15) |
| 5. final disposition of the appeal. (Para 16) |
JUDGMENT
MURALEE KRISHNA, J The petitioner in W.P.(C)No.32532 of 2023 filed this writ appeal under Section 5 (i) of the Kerala High Court Act , 1958, challenging the judgment dated 10.10.2025 passed by the learned Single Judge in that writ petition.
2. Going by the averments in the writ petition, the appellant is the owner in possession of 7.955 cents of land in Narakkal Village, which she purchased in the year 2002, as evident from Ext.P1 tax receipt. For the purpose of constructing a residential house, she obtained Ext.P2 building permit from the 2nd respondent. Pursuant to the grant of a building permit, the appellant completed the construction without any violation of the Building Rules and submitted the completion plan and application for issuance of an occupancy certificate as per Exhibit P4 on 05.06.2023. As per the Kerala
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