The occupancy certificate's rejection must align with established zoning regulations and building rules, necessitating re-evaluation in this context.

JUDGMENT

This writ petition is filed with following prayers:

I. Issue a writ of certiorari or any other appropriate writ, calling for the records relating to Exhibit P8 and quash the same.

II. Issue a writ of mandamus or any other appropriate writ, order or direction commanding the 3rd respondent to issue the occupancy certificate in respect of the building of the petitioner and to number the same.

III. English translation of Malayalam Exhibits, which is in vernacular Language IV. Such further and other reliefs which this Hon’ble Court deems fit and proper in the facts and circumstance of the case.

(SIC)

2. Petitioner is aggrieved by the rejection of the occupancy certificate by respondents 2 and 3. The petitioner constructed the building in accordance to Ext.P4 building permit and Ext.P5 approved plan. Now, after completing the construction of building, the petitioner submitted application for the occupancy certificate. The same is rejected as per Ext.P8 mainly for the reason that, as per the possession certificate, the property is LA pattayam property, which can be used only for residential or agricultural purpose. Aggrieved by the same, this writ petition is filed.

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

4. The counsel for the petitioner takes me through Rule

25 of the Kerala Panchayat Raj Building Rules , 2019 (for short, Rules 2019) along with Clause 25(ii) of Rules 2019. The Standing Counsel for the Panchayat submitted that since it is LA pattayam property, the Panchayat rejected the same.

5. This Court perused Rule 25 (2)(a) of Rules 2019.

According to the petitioner, the building is constructed as a residential quarters. In the light of the provisions contained in Rules 25(2)(a) and 25(2)(b), I think the matter is to be reconsidered by the Panchayat. Therefore Ext.P8 can be set aside and there can be a direction to reconsider the matter. Therefore, this Writ Petition is disposed of in the following manner:

1. Ext.P8 is set aside.

2. The 3^rd respondent is directed to reconsider the occupancy certificate submitted by the petitioner in the light of Rule 25 of the Kerala Panchayat Raj Building Rules , 2019, within a period of thirty days from the date of receipt of a copy of this judgment.

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