Slice Up Organic Products Private ... vs Velinellur Grama Panchayat
2022 Latest Caselaw 11843 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                    THE HONOURABLE MR.JUSTICE N.NAGARESH
      Wednesday, the 21st day of December 2022 / 30th Agrahayana, 1944
                           WP(C) NO. 40514 OF 2022
PETITIONER:

     SLICE UP ORGANIC PRODUCTS PRIVATE LIMITED, REPRESENTED BY ITS
     MANAGING DIRECTOR,ARJUN B.G, AGED 28 YEARS, S/O BHASKARAN,
     ANUGRAHAM, KAMBALAKD P.O, KARIMBETTA, WAYANAD, PIN - 673122

RESPONDENTS:

  1. VELINELLUR GRAMA PANCHAYAT,REPRESENTED BY ITS SECRETARY, OYOOR P.O,
     KOLLAM, PIN - 691510
  2. THE SECRETARY,VELINELLUR GRAMA PANCHAYAT, OYOOR P.O, KOLLAM, PIN -
     691510

     Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the 1st respondent to issue provisional occupancy
certificate to the petitioner.

     This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
JOMY K. JOSE Advocates for the petitioner and STANDING COUNSEL for the
respondents the court passed the following:

                                                        p.t.o
                            N. NAGARESH, J.

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                       W.P.(C) No.40514 of 2022

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               Dated this the 21st day of December, 2022

                                 ORDER

~~~~~~

The petitioner is before this Court aggrieved by the

non-grant of Occupancy Certificate.

2. The petitioner states that he has made

construction on the basis of Building Permit. The Occupancy

Certificate was not issued to the petitioner as some other

persons made complaints against the construction.

3. The petitioner relies on the judgment in

Narayanan K.A. v. Alagappanagar Grama Panchayat and

others [2020 (4) KHC 799] to contend that in the absence of

any interim order passed by this Court or any competent

authorities, an application for Occupancy Certificate cannot

be withheld.

WP(C) No.40514/2022

4. The learned Standing Counsel for the respondents

submits that W.P.(C) Nos.24965/2021, 24469/2021,

24469/2021, 19991/2021 and 18365/2021 are pending

consideration before this Court which relate to the same

construction. It is also submitted that there is an O.S.

No.34/2022 pending consideration before the Kottarakkara

Munsiff's Court.

5. In view of the pendency of these writ petitions, I

find that consideration of an interim order sought for by the

petitioner has to be along with the aforesaid writ petitions.

Post on 10.01.2023 along with W.P.(C)

Nos.24965/2021, 24469/2021, 24469/2021, 19991/2021 and

18365/2021.

Sd/-

N. NAGARESH, JUDGE smm

21-12-2022 /True Copy/ Assistant Registrar