Kerala High Court
Aryabhangy Builders Private Limited vs Cochin Corporation on 23 February, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
WP(C) No.43104/2023 1/6 Order Date : 23-02-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
Friday, the 23rd day of February 2024 / 4th Phalguna, 1945
WP(C) NO. 43104 OF 2023
PETITIONER:
ARYABHANGY BUILDERS PRIVATE LIMITED, AGED 54 YEARS, REPRESENTED BY
ITS MANAGING DIRECTOR GEORGE THOMAS @ JIBY THOMAS, AGED 54,
PANAMPILLY NAGAR, ERNAKULAM, PIN- 682036
RESPONDENTS:
COCHIN CORPORATION, REPRESENTED BY ITS SECRETARY OFFICE OF THE
COCHIN CORPORATION ERNAKULAM, PIN- 682011
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 respondent to issue occupancy certificate to the
petitioner on the basis of the completion report submitted on 7/11/2023 as
evidenced by Exhibit P8 receipt forthwith.
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's order dated
08-02-2024 and upon hearing the arguments of M/S. K.C.ELDHO, S.BIJILAL,
EBEE ANTONY & ALMAJITHA FATHIMA, Advocates for the petitioner, SRI.
D.G.VIPIN, Advocate for R1, the court passed the following:
WP(C) No.43104/2023 2/6 Order Date : 23-02-2024
MURALI PURUSHOTHAMAN, J.
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W.P (C) No. 43104 of 2023
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Dated this the 23rd day of February, 2024
O R D E R
The petitioner states that, he has submitted a
completion report for the purpose of an occupancy
certificate, as evident from Ext.P8 receipt dated
07.11.2023. The petitioner refers to Rule 20 (3) of the
Kerala Municipality Building Rules, 2019 which provides
that, the Secretary shall on receipt of the completion
report and on being satisfied that the construction or
reconstruction or addition or alteration has been carried
out in confirmity with the permit given, issue
WP(C) No.43104/2023 3/6 Order Date : 23-02-2024
occupancy certificate in the Form in Appendix F2 along
with a copy of the plans duly certified by the Secretary
not later than 15 days from the date of receipt of the
completion report. The 2nd proviso to Rule 20 (3)
provides that, if no such occupancy certificate is issued
within the said period of 15 days, the owner may
proceed as if such occupancy certificate has been duly
issued to him. It further provides as follows:-
"On the expiry of the fifteen clear
days from the date of valid application for
occupancy certificate, the applicant shall
submit a letter stating that he is liable to
get occupancy certificate and now it is
deemed to have issued by the authority.
All Secretaries of Local Self
Government Institutions shall acknowledge
the receipt of the letter stated in the
above paragraph with stamp and date on
WP(C) No.43104/2023 4/6 Order Date : 23-02-2024
the same day on the duplicate copy of the
letter. This shall be a deemed occupancy
certificate, [such deemed occupancy
certificate shall be accepted by all the
public authorities as proof of completion
of the building in compliance to these
rules and the municipality shall accept
building tax from such date of having the
occupancy certificate deemed.]"
2. Since, no occupancy certificate was issued with
in 15 days of submission of completion report, the
petitioner submitted Ext.P9 letter intimating the
Secretary that he is liable to get deemed occupancy
certificate. Accordingly, the petitioner submits that, he
is entitled for a declaration that he has got deemed
occupancy by virtue of Rule 20 (3).
WP(C) No.43104/2023 5/6 Order Date : 23-02-2024
3. No statement or affidavit has been placed on
record for the Corporation so far. This Court on
08.02.2024 passed an order directing the respondent to
specifically answer the averment of the petitioner that he
is entitled for deemed occupancy. Even then, nothing
has been placed on record. The respondent shall place
on record an affidavit by 28.02.2024 as to why there
shall not be any declaration as to deemed occupancy.
Post on 28.02.2024.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SRJ
WP(C) No.43104/2023 6/6 Order Date : 23-02-2024
APPENDIX OF WP(C) 43104/2023
Exhibit p1(a) . A TRUE COPY OF THE POSSESSION CERTIFICATE NO.82066547
DATED 26/11/2023 ISSUED TO THE PETITIONER
Exhibit P1(b) A TRUE COPY OF THE POSSESSION CERTIFICATE NO.82066566
DATED 26/11/2023 ISSUED TO THE PETITIONER
Exhibit P1(c) A TRUE COPY OF THE POSSESSION CERTIFICATE NO.82066554
DATED 26/11/2023 ISSUED TO THE PETITIONER
Exhibit P2(a) A TRUE COPY OF THE LATEST TAX PAID RECEIPT THANDAPER
NO. 20299 DATED 10/05/2023 OF THE PETITIONER'S PROPERTY
Exhibit P 2(b) A TRUE COPY OF THE LATEST TAX PAID RECEIPT THANDAPER
NO. 20563 DATED 08/05/2023 OF THE PETITIONER'S PROPERTY
Exhibit P2(c) A TRUE COPY OF THE LATEST TAX PAID RECEIPT THANDAPER
NO. 22019 DATED 08/05/2023 OF THE PETITIONER'S PROPERTY
Exhibit P3 A TRUE COPY OF THE BUILDING PERMIT ISSUED TO THE
PETITIONER VIDE NO. KRPI/388/14/COC/KKP/1020/14 DATED
5/7/2019
Exhibit P4 THE TRUE PHOTOGRAPHS OF THE COMPLETED BUILDING IN TERMS
OF EXHIBIT P1 PERMIT
Exhibit P5 A TRUE COPY OF THE NO OBJECTION CERTIFICATE DATED
3/11/2023 ISSUED BY THE DEPARTMENT OF FIRE AND RESCUE
SERVICES
Exhibit P6 A TRUE COPY OF THE CERTIFICATE DATED 3/10/2023 ISSUED
BY THE KERALA STATE POLLUTION CONTROL BOARD
Exhibit P7 THE TRUE COPY OF THE APPROVED SITE PLAN
Exhibit P8 . A TRUE COPY OF THE RECEIPT DATED 07.11.2023 ISSUED BY
THE RESPONDENT FOR THE COMPLETION REPORT FOR OCCUPANCY
CERTIFICATE
Exhibit P9 A TRUE COPY OF THE LETTER DATED 13.12.2023 SUBMITTED
FOR DEEMED OCCUPANCY CERTIFICATE BY THE PETITIONER
Exhibit P 9(a) A TRUE COPY OF THE PETITIONER IS ISSUED WITH A RECEIPT
FOR EXHIBIT P9 DATED 14/12/2023
Exhibit P10 A TRUE COPY OF THE JUDGMENT IN WP ( C ) NO.21482 OF
2022 DATED 11/1/2023 IN THIS COURT
Exhibit P11 A TRUE COPY OF THE ORDER DATED 10/8/2023 IN CONTEMPT OF
COURT CASE NO.779 OF 2023 IN THIS COURT
Exhibit P12 A TRUE COPY OF THE REPORT SUBMITTED BY THE ADVOCATE
COMMISSIONER IN COC CASE NO.779/2023
Exhibit 13 A TRUE COPY OF THE SHOW CAUSE NOTICE ISSUED BY THE
RESPONDENT DATED 18/8/2023
Exhibit P14 A TRUE COPY OF THE WRITTEN EXPLANATION SUBMITTED BY THE
PETITIONER TO THE RESPONDENT DATED 11/9/2023
Exhibit P15 A TRUE COPY OF THE POSTAL RECEIPT EVIDENCING THE
DISPATCH OF EXHIBIT P14 AND ALSO THE TRACK RECORD
EVIDENCING THE DELIVERY OF THE EXHIBIT P14
