Allowed

Sbt Officers Housing Co-Operative Society Limited NO.2408 v. Kozhikode Corporation

Kerala HC20 Jan 2021WP(C)/658/2021

Case brief

AI extract

What is this about?

This Court allowed a writ petition filed by a housing co-operative society aggrieved by the Corporation's inaction in issuing an Occupancy Certificate for a parking area. Noting that the Corporation had already issued a building permit which included parking areas, the Court directed the respondent to issue the certificate within one month.

What did the court decide?

Directed the respondent Corporation to grant the Occupancy Certificate within one month from the date of receipt of this judgment.

Sbt Officers Housing Co-Operative Society Limited… — Municipal and Town Planning | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

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WEDNESDAY, THE 20TH DAY OF JANUARY 2021 / 30TH POUSHA, 1942

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WP(C).No.658 OF 2021(F)

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PETITIONER/S:

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SBT OFFICERS HOUSING CO-OPERATIVE SOCIETY LIMITED NO.2408 REGD. OFFICE 'VANDANA', BEHIND KANNANKANDI SALES CORPORATION, MAVOOR ROAD, KOZHIKODE., REPRESENTED BY ITS SECRETARY, K.T.P.UNNIKRISHNAN, AGED 62 YEARS, S/O. SANKARAN NAMBOODIRI.

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BY ADV. SRI.V.M.KRISHNAKUMAR

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RESPONDENT/S:

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1 KOZHIKODE CORPORATION CORPORATION OFFICE, KOZHIKODE, PIN - 673 032, REPRESENTED BY ITS SECRETARY.

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2 SECRETARY

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KOZHIKODE CORPORATION, CORPORATION OFFICE, KOZHIKODE, PIN - 673 032.

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R1-2 BY ADV. SRI.G.SANTHOSH KUMAR (P).

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.658 OF 2021(F)

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JUDGMENT

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The petitioner has approached this Court aggrieved by the inaction on the part of the respondents in issuing the Occupancy Certificate in respect of a parking area of a building constructed by them. In the writ petition, it is the case of the petitioner that citing the fact that the land in question is shown as 'Nilam' in the BTR, the respondent Corporation has refused to issue the Occupancy Certificate, while the building permit for putting up the constructions was issued by the Corporation itself, much earlier. The learned counsel for the petitioner relies on the judgment of this Court in Global Education Trust V. State of Kerala and Others [2020(6) KHC 538] to press for the reliefs in the writ petition.

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2.I have heard the learned counsel appearing for the petitioner and also the learned Standing Counsel appearing for the respondents.

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On a consideration of the facts and circumstances of the case as also the submissions made across the Bar, taking note of the fact that the Corporation itself had earlier issued the building permit for effecting the constructions on the land in question and thereafter the constructions of the buildings was complete and in the application for building permit as also in the permit granted by the Corporation, the land earmarked for parking areas are also clearly mentioned, I am of the view that in the light of the judgment of this Court as aforementioned, the petitioner is entitled to get the Occupancy Certificate that he has sought for. Accordingly, the writ petition is

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WP(C).No.658 OF 2021(F)

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allowed by directing the respondent Corporation to grant the Occupancy Certificate to the petitioner as applied for in Ext.P6, within a period of one month from the date of receipt of a copy of this judgment. The petitioner shall produce a copy of the writ petition together with a copy of this judgment, before the respondents , for further action.

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This writ petition is disposed as above.

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Sd/-

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A.K.JAYASANKARAN NAMBIAR JUDGE

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WP(C).No.658 OF 2021(F)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE REVISED BUILDING PERMIT GRANTED BY THE CORPORATION DATED 05.03.2014.
EXHIBIT P2	TRUE COPY OF SALE DEED NO.19/1/2020 DATED 04.01.2020.
EXHIBIT P3	TRUE COPY OF THE BUILDING DETAILS SHOWING OLD BUILDING NO.1498/70 AND NEW BUILDING NO.1772/37 OF KOZHIKODE CORPORATION.
EXHIBIT P4	TRUE COPY OF CERTIFICATE OF APPROVAL DATED 09.01.2017 OF DEPARTMENT OF FIRE AND RESCUE SERVICES.
EXHIBIT P5	TRUE COPY OF CONSENT TO OPERATE FROM THE POLLUTION CONTROL BOARD DATED 10.03.2015.
EXHIBIT P6	TRUE COPY OF RECEIPT NO.14075 DATED 14.02.2017 ISSUED BY THE CORPORATION.
EXHIBIT P7	TRUE COPY OF THE LETTER DATED 20.08.2020 ISSUED BY THE CORPORATION TO THE PETITIONER.
EXHIBIT P8	TRUE COPY OF THE CERTIFICATE ISSUED BY THE AGRICULTURAL OFFICER DATED 14.10.2020.
EXHIBIT P9	TRUE COPY OF THE JUDGMENT REPORTED IN 2020(6) KHC 538.

Sbt Officers Housing Co-Operative Society Limited NO.2408 v. Kozhikode Corporation

Case brief

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Sbt Officers Housing Co-Operative Society Limited NO.2408 v. Kozhikode Corporation

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