IN THE HIGH COURT OF KERALA AT ERNAKULAM
HARISANKAR V. MENON, J
KOROTHUMKANDY KHALID – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. construction details and compliance with building permit (Para 2 , 3) |
| 2. arguments regarding occupancy certificate denial (Para 4) |
| 3. court's decision on rule application regarding permits (Para 5) |
JUDGMENT
Heard Sri.C.P.Peethambaran, learned counsel for the petitioner, Sri.I.V. Pramod, learned Standing Counsel for respondents 4 and 5 as well as Sri.N.B.Sunil Nath, learned Government Pleader, for respondents 1 to 3.
2. The petitioner constructed an apartment complex with 36 apartments consisting of basement floor, ground floor plus nine floors, pursuant to Ext.P2 building permit dated 28.03.2015. The petitioner states that he has also obtained Ext.P3 consent dated 31.08.2018, from the Kerala State Pollution Control Board, and approval at Ext.P4 dated 13.08.2018 from the Fire and Rescue Service Department. However, when the petitioner sought for issuance of an occupancy certificate, he has been informed pursuant to Ext.P7 communication dated 21.12.2019, that the petitioner had only provided an open space of 4.60/4.50 meters as regards the “Mechanical Parking”, which is in violation of the mandate under Rule 117 of the Kerala Municipal Building Rules , 1999 (hereinaf
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