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2026 Supreme(Online)(Ker) 6167

IN THE HIGH COURT OF KERALA AT ERNAKULAM
HARISANKAR V. MENON, J
NISSAR N.A – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: Sri.George Mathew, Smt.Elsa Denny Pindis, Sri.M.D.Sasikumaran, Shri.Sunil Kumar A.G, Shri.Mathew K.T, Shri.George K.V, Shri.Stephy K Regi, Shri.Adarsh Kurian
For the Respondents: Sri.R.Azad Babu, Sri Sunil Nath, GP

J U D G M E N T

The petitioner has filed the captioned writ petition pointing out that he is in enjoyment and ownership of an extent of 3.60 Ares of property comprised in Re-Sy. No.101 of Aryad South Village in Ambalapuzha Taluk as evidenced by Ext.P1. According to him, on the basis of a building permit, (Ext.P2 building permit), he had constructed a building and sought for an occupancy certificate. However, the occupancy certificate has not been issued to him since there was a proposal for road widening as stated by the 3rd respondent – Municipality. It is in such circumstances that the captioned writ petition has been filed by the petitioner seeking appropriate directions.

2. I have heard Sri.George Mathew, the learned counsel for the petitioner, Sri.R.Azad Babu, the learned Standing Counsel for the 3rd respondent – Municipality and Sri.

Sunil Nath, the learned Government Pleader.

3. While admitting the writ petition, on

10.03.2023, this Court had directed the 4th respondent to issue the occupancy certificate and also to number the building subject to further orders.

4. Today, the learned counsel for the petitioner as well as the learned Standing Counsel for the Municipality point ou

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