The right to receive an occupancy certificate is established when a completion report is filed without timely rejection by the Panchayat.

JUDGMENT

The above Writ Petition (C) is filed with the following prayers:

" i. Issue a Writ of Mandamus or other appropriate writ or orders directing the Respondents to forthwith issue the Occupancy Certificate in favour of the Petitioner in respect of the building constructed pursuant to Exhibit.P2 Building Permit. ii. Declare that the petitioner is entitled for a deemed occupancy as per Rule 20(3) proviso, Kerala Panchayat Building Rules , 2019 as on 07/09/2024 and therefore, the petitioner is entitled to have Occupancy Certificate to be issued physically.

iii. Issue a writ of mandamus or any other appropriate writ, Order or direction commanding the second respondent to number the building constructed pursuant to Exhibit.P2 Building Permit. iv. Issue a Writ of certiorari or other appropriate writ or orders quashing Exhibit.P10 communication."

[SIC]

2. The petitioner is the owner of 2.43 ares of land in Panavally Village, Alappuzha. Petitioner submitted an application for building permit for a commercial building to the Panchayat. The 2^nd respondent issued building permit on 29.10.2022. The petitioner completed the construction and submitted the competition report on 07.09.2024 under Rule 20(1) of the Kerala Panchayat Building Rules , 2019, requesting an occupancy certificate and building number. Ext.R2(b)1 is the completion report. Despite submitting the completion report, no acceptance or rejection was issued within 15 days and therefore, there is a deemed occupancy is the contention. Hence, this Writ Petition (C).

3. Heard the counsel for the petitioner and the Government Pleader.

4. When this Writ Petition (C) came up for consideration on 26.11.2025, this Court passed the following order:

" Read order 18-11-2025, the Registry informed that no statement is filed as on today.

Considering the facts and circumstances, I think an interim order can be passed in this case. Therefore, the respondents are directed to issue provisional occupancy certificate, in favour of the petitioner in respect of the building constructed pursuant to Exhibit P2, subject to the result of this writ petition.

Post for hearing after vacation."

6. Today, when the matter came up for consideration, the Standing Counsel appearing for the Panchayat submitted that a statement is filed by the respondents and the Panchayat is ready to issue the occupancy certificate. Considering the facts and circumstances of the case, I think this Writ Petition (C) need not be retained here. Therefore, there can be a direction to issue an occupancy certificate in respect of the building within a time frame.

Therefore, this Writ Petition (C) is disposed of with the following directions: