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2026 Supreme(Online)(Ker) 19340
IN THE HIGH COURT OF KERALA AT ERNAKULAM
VIJU ABRAHAM, J
INDUS TOWERS LIMITED – Appellant
Versus
KOCHI MUNICIPAL CORPORATION – Respondent
WP(C) NO. 21661 OF 2021
Advocates:
For the Appellants/Petitioners: MR.RAJKUMAR PAVOTHIL, SRI.PHILIP T.VARGHESE, SRI.THOMAS T.VARGHESE, SMT.ACHU SUBHA ABRAHAM, SMT.V.T.LITHA, SMT.K.R.MONISHA
For the Respondents: SMT.V.P.REJITHA, SRI.ANOOP V. NAIR
For the Appellants/Petitioners: MR.RAJKUMAR PAVOTHIL, SRI.PHILIP T.VARGHESE, SRI.THOMAS T.VARGHESE, SMT.ACHU SUBHA ABRAHAM, SMT.V.T.LITHA, SMT.K.R.MONISHA
For the Respondents: SMT.V.P.REJITHA, SRI.ANOOP V. NAIR
The issuance of an occupancy certificate renders a stop memo invalid.
Headnote:Statute Analysis: The court examined the legality of Ext.P3 stop memo issued by the third respondent. Facts of the Case: The petitioner challenged the stop memo on the basis of an order from the Tribunal for Local Self Government Institutions, which resulted in an occupancy certificate being issued.
Findings of Court:
The court found that in light of the occupancy certificate, the writ petition lacks merit.
Issues: The court framed the question of whether the stop memo should remain in effect given the issuance of the occupancy certificate.
Ratio Decidendi: The court determined that the issuance of the occupancy certificate nullified the need for the stop memo.
Result: Accordingly, the writ petition is closed.
JUDGMENT
Petitioner has approached this Court challenging Ext.P3 stop memo. Learned counsel for the petitioner submits that the said stop memo was challenged before the Tribunal for Local Self Government Institutions and based on the order passed by the Tribunal, an occupancy certificate has already been issued and that in the light of the same, nothing survives in this writ petition.
Accordingly, the writ petition is closed.
Sd/-
