Abraham Stephen vs Abraham Stephen
2021 Latest Caselaw 12225 Ker

Citation : 2021 Latest Caselaw 12225 Ker
Judgement Date : 23 April, 2021

Kerala High Court

Abraham Stephen vs Abraham Stephen on 23 April, 2021

IA/1/2021 IN WA 744/2018                         1/3



                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       Present:
                         THE HONOURABLE MR.JUSTICE V.G.ARUN
                                         &
                 THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
                                      rd                  rd
                           Friday,the 23 day of April 2021/3 Vaisakha, 1943
                                       IA/1/2021 IN WA/744/2018
               Against the Judgment dated 24/1/2018 in WPC No.7124/2017 of this Court.
                                                 ---
            For information purpose only
PETITIONER/7TH RESPONDENT:

      ABRAHAM STEPHEN,S/O. OUSEPH STEPHEN, AGED 50 YEARS,
       PULIMOOTTIL HOUSE, THODUPUZHA,IDUKKI DISTRICT,
       PIN - 685 584.

RESPONDENTS/APPELLANTS 1 TO 3 AND RESPONDENTS 1 TO 6:

1.K.G.KANNANDAS,AGED 53 YEARS,S/O. K.P. GOPALAN ACHARY,
       KARIMATTATHIL HOUSE, KUDAYATHOOR P.O. - 685 590,
       THODUPUZHA TALUK, IDUKKI DISTRICT.
2.V.S. ABBAS,AGED 50 YEARS,S/O. SEYED MUHAMMED,
       VADAKKEL HOUSE, EDAVETTI P.O.
       THODUPUZHA TALUK, IDUKKI DISTRICT,- PIN 685 588,
3.A.M. DASAN,AGED 49 YEARS,S/O. MADHAVAN,
       ANTHIYALUNKAL HOUSE, MUTHALAKODAM P.O.,
       THODUPUZHA TALUK, IDUKKI DISTRICT, PIN- 685 605.
4.DISTRICT COLLECTOR,
       IDUKKI DISTRICT, COLLECTORATE, IDUKKI,PIN - 685 584.
5.TAHSILDAR,
       TALUK OFFICE, THODUPUZHA, IDUKKI DISTRICT,PIN - 685 584.
6.THE VILLAGE OFFICER,
       THODUPUZHA, IDUKKI DISTRICT - 685 584.
7.THODUPUZHA MUNICIPALITY,MUNICIPAL OFFICE,
         THODUPUZHA 685 584, REPRESENTED BY ITS SECRETARY.
8.TALUK SURVEYOR,TALUK OFFICE,
       THODUPUZHA - 685 584.
9.THE AGRICULTURAL OFFICER,KRISHI BHAVAN,
       THODUPUZHA, IDUKKI DISTRICT - 685 584.

       Application praying that in the circumstances stated in the aﬃdavit ﬁled therewith the High
Court be pleased to pass an order directing the Thodupuzha Municipality (4th respondent in the
Writ Appeal and 7th respondent in this I.A.) to issue the necessary Occupancy Certiﬁcate to the
petitioner herein.
       This application coming on for orders on 23.04.2021 upon perusing the application and the
aﬃdavit ﬁled in support thereof, and upon hearing the arguments of SRI.R.RAMDAS, Advocate for
the Petitioner SRI. JOSY ANTONY, Advocate for the respondents 1 to 3, GOVERNMENT
PLEADER for respondents 4 to 6, 8 & 9 and of SRI.UNNIKRISHNAN V.ALAPPATT, Advocate for
the respondent 7, the court passed the following:

                                                                                         P.T.O.
       V.G.ARUN & MURALI PURUSHOTHAMAN, JJ.
    ---------------------------------------------------
   For    information          purpose only
                I.A.No.1 of 2021 in
                W.A.No.744 of 2018
          ------------------------------------------
       Dated this the 23rd day of April, 2021


                         ORDER

V.G.ARUN, J.

This interlocutory application is filed by the 7 th

respondent, seeking a direction to the Municipality to

issue occupancy certificate. It is submitted that the

directions in the impugned judgment have been

complied with and the 7th respondent has completed

the construction of his building. The learned counsel

points out that due to the pendency of this Writ

Appeal, the Municipality is not issuing the occupancy

certificate.

It is made clear that the penedency of the Writ I.A.No.1 of 2021 in W.A.No.744 of 2018 ..2..

Appeal does not interdict the Municipality from