Ashla Roy vs Kollam Municipal Corporation ...
2023 Latest Caselaw 10772 Ker

WP(C) NO. 32253 OF 2023
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                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
    THURSDAY, THE 19TH DAY OF OCTOBER 2023 / 27TH ASWINA, 1945
                        WP(C) NO. 32253 OF 2023
PETITIONER/S:

    1     ASHLA ROY
          AGED 38 YEARS
          MARY LAND, KADAPPAKADA P.O., CHERRY, KOLLAM EAST
          VILLAGE, KOLLAM TALUK, KOLLAM, PIN - 691008
    2     WILMA CYRIL
          AGED 65 YEARS
          MARY LAND, KADAPPAKADA P.O., CHERRY, KOLLAM EAST
          VILLAGE, KOLLAM TALUK, KOLLAM, PIN - 691008
          BY ADVS.
          JOHNSON GOMEZ
          S.BIJU (KIZHAKKANELA)
          SANJAY JOHNSON
          JOHN GOMEZ
          ARUN JOHNY
          DEEBU R.
          ABIN JACOB MATHEW


RESPONDENT/S:

    1     KOLLAM MUNICIPAL CORPORATION REPRESENTED BY ITS
          SECRETARY
          OFFICE OF THE KOLLAM MUNICIPAL CORPORATION, KOLLAM
          DISTRICT, PIN - 691001
    2     THE SECRETARY, KOLLAM MUNICIPAL CORPORATION
          OFFICE OF THE KOLLAM MUNICIPAL CORPORATION, KOLLAM
          DISTRICT, PIN - 691001
    3     SUPERENTING ENGINEER, KOLLAM MUNICIPAL CORPORATION
          OFFICE OF THE KOLLAM MUNICIPAL CORPORATION, KOLLAM
          DISTRICT, PIN - 691001
OTHER PRESENT:

          SRI.S.SREEKUMAR (KOLLAM) SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 32253 OF 2023
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                     BECHU KURIAN THOMAS, J.
               ========================
                      W.P.(C)No.32253 of 2023
               ------------------------------------------------
                      Dated this the 19th day of October 2023


                                 JUDGMENT

Petitioners' application for grant of an occupancy certificate is

pending consideration before the 2 nd respondent. Though, pursuant to

the said application, certain objections were pointed out as per Ext.P8,

dated 14.09.2023 the learned Counsel for the petitioners submitted

that those defects were rectified. Despite curing the defects, orders on

the petitioner's application are not being issued and hence this writ

petition.

2. Having heard learned Counsel for the petitioners as well

as the learned Standing Counsel for respondents-Corporation, I am of

the view that the writ petition can be disposed of with a direction.

Since the petitioners assert that the defects pointed out against their

application for grant of an occupancy certificate has been rectified, it

is necessary that the 2nd respondent or the competent officer,

consider petitioners' application for grant of occupancy certificate in

a time bound manner.

3. Accordingly, there will be a direction to the 2nd

respondent or the competent officer, under him, to consider and WP(C) NO. 32253 OF 2023

pass appropriate orders on petitioners application for grant of

occupancy certificate, taking into account the explanation offered

and pass appropriate orders, as expeditiously as possible, at any

rate within 30 days from the date of receipt of a copy of this

judgment.

The writ petition is disposed of accordingly.

BECHU KURIAN THOMAS JUDGE jm/ WP(C) NO. 32253 OF 2023

APPENDIX OF WP(C) 32253/2023

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE JUDGMENT DATED 06-12-2022 IN WP(C) 38874/2022 Exhibit P2 A TRUE COPY OF THE BUILDING PERMIT NO.

TP2/BA/59/22-23 DATED 06-01-2023 ALONG WITH THE FLOOR PLANS Exhibit P3 A TRUE COPY OF THE RECEIPT NO. 29371 DATED 01-08-2023 Exhibit P4 A TRUE COPY OF THE COMPLETION CERTIFICATE ISSUED BY THE ENGINEER DATED 01-08-2023 Exhibit P5 A TRUE COPY OF THE PARTIAL COMPLETION CERTIFICATE BEING THE OWNERS OF THE BUILDING DATED 01-08-2023 Exhibit P6 A TRUE COPY OF THE APPLICATION DATED 08-09-

Exhibit P7 A TRUE COPY OF THE RECEIPT NO. 33807/TP2/2023 DATED 08-09-2023 Exhibit P8 A TRUE COPY OF THE NOTICE NO. TP2/BA/59/2022-

23 DATED 14-09-2023 Exhibit P9 A TRUE COPY OF THE AFFIDAVIT DATED 25TH SEPTEMBER 2023 Exhibit P10 A TRUE COPY OF THE RECEIPT NO 36268/TP2 DATED 25-09-2023 Exhibit P11 A TRUE COPY OF THE REPRESENTATION DATED NIL Exhibit P12 A TRUE COPY OF CIRCULAR NO 31019/RA1/11/LSGD DATED 22-06-2011