Jewel Homes Pvt. Ltd vs The Kottayam Municipality
2021 Latest Caselaw 12413 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                  THE HONOURABLE MR. JUSTICE T.R.RAVI

     TUESDAY, THE 11TH DAY OF MAY 2021 / 21ST VAISAKHA, 1943

                       WP(C).No.10688 OF 2021(I)


PETITIONER/S:

                JEWEL HOMES PVT. LTD.
                CASAGRANTE BUILDING, II FLOOR, OPP. TVS SHOWROOM,
                DESHABHIMANI JUNCTION, KALOOR, KOCHI, REPRESENTED BY
                ITS MANAGING DIRECTOR, MR.P.A.JIHAS, AGED 51 YEARS,
                S/O.P.K.ABDUL RAHIMAN, JEWEL NEST, EROOR VASUDEVA
                ROAD, KALOOR, KOCHI-682 017.

                BY ADVS.
                SRI.K.R.VINOD
                SMT.M.S.LETHA

RESPONDENT/S:

      1         THE KOTTAYAM MUNICIPALITY
                REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE,
                P.B.NO.200, KOTTAYAM, PIN-686 001.

      2         THE SECRETARY, KOTTAYAM MUNICIPALITY,
                MUNICIPAL OFFICE, P.B.NO.200, KOTTAYAM, PIN-686 001.

      3         THE ASSISTANT EXECUTIVE ENGINEER,
                KOTTAYAM MUNICIPALITY, MUNICIPAL OFFICE, P.B.NO.200,
                KOTTAYAM, PIN-686 001.

                R1-3 BY SHRI.SIBY CHENAPPADY, SC, KOTTAYAM
                MUNICIPALITY

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.05.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.10688 OF 2021(I)

                                  2




                         JUDGMENT

Dated this the 11th day of May 2021

The petitioner is a private limited company engaged in

the construction of multi-storied residential and commercial

buildings. After obtaining all the necessary permissions, the

petitioner has constructed an apartment complex in an extent

of 42 cents of land comprised in re-survey No.5 and 34 of

Muttambalam Village in Kottayam Taluk. The petitioner had

applied for issuance of occupancy certificate to the 3rd

respondent. On 29.1.2021, the 3rd respondent issued a notice

to the petitioner, asking them to rectify certain defects for the

purpose of issuance of occupancy certificate. It is stated that

subsequently the petitioner submitted Ext.P6 revised site plan

before the Municipality. The petitioner states that they have

submitted Exhibit P7 letter on 12.4.2021, after curing the

defects pointed out by the 3 rd respondent and requesting for

the issuance of Occupancy Certificate. The grievance of the

petitioner is that the respondent has not issued the occupancy

certificate so for.

2. Heard Sri K.R.Vinod on behalf of the petitioner and WP(C).No.10688 OF 2021(I)

Sri Sibi Chenappady, Standing counsel for the 1 st respondent

Municipality. The prayer in the writ petition is for a direction

to respondents 1 to 3 to issue occupancy certificate in favour

of the petitioner. I am of the opinion that a positive direction

of that nature cannot be issued and the proper direction that

can be issued by the Court is only to consider the application

submitted by the petitioner, if the same is in order. The writ

petition is hence disposed of directing respondents 1 to 3 to

consider Exhibit P7 letter, which is stated to have been

submitted by the petitioner on 12.4.2021 and dispose of the

same after hearing the petitioner within a period of 6 weeks

from the date of receipt of a copy of this judgment. Needless

to say, if the respondents find that the petitioner has rectified

the defects noted in Ext.P5, to the extent required by law, the

respondents shall issue the occupancy certificate to the

petitioner immediately thereafter.

Sd/-

                                                          T.R.RAVI
  Dxy                                                     JUDGE
 WP(C).No.10688 OF 2021(I)






                            APPENDIX
  PETITIONER'S/S EXHIBITS:

  EXHIBIT P1          THE COPY OF THE BUILDING PERMIT OF THE
                      PETITIONER.

  EXHIBIT P2          THE COPY OF THE INITIAL NOC FROM THE
                      FIRE AND RESCUE DEPARTMENT DATED
                      20.09.2007.

  EXHIBIT P3          THE COPY OF THE JUDGMENT IN WPC
                      NO.2959/2020 DATED 05.10.2020.

  EXHIBIT P4          THE COPY OF THE FINAL FIRE NOC OBTAINED
                      BY THE PETITIONER FROM THE FIRE AND
                      RESCUE DEPARTMENT.

  EXHIBIT P5          THE COPY OF THE NOTICE DATED 29.01.2021
                      ISSUED BY THE 3RD RESPONDENT TO THE
                      PETITIONER.

  EXHIBIT P6          THE COPY OF THE REVISED SITE PLAN

SUBMITTED BY THE PETITIONER MIN TUNE WITH THE DEFECT NO.1 NOTICED IN EXT.P5.

EXHIBIT P7 THE COPY OF LETTER DATED 12.04.2021 ISSUED BY THE PETITIONER ADDRESSING TO THE 2ND RESPONDENT.