This writ petition, filed by two individuals seeking an occupancy certificate and demanding fee payment receipts, was dismissed by the High Court of Kerala on the day of its admission. The court held the petition had become infructuous due to the efflux of time.
The writ petition was dismissed as infructuous; interim order was vacated.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
FRIDAY, THE 13TH DAY OF OCTOBER 2023 / 21ST ASWINA, 1945
WP(C) NO. 8285 OF 2022
PETITIONERS:
1 RENUKA KRISHNA KUMARAGED 66 YEARS
D/O T.V.BALAKRISHNAN, ROSHINI, KUTHIRAVATTOM
P.O.KOOTOOLI AMSOM , PARAYANCHERI DESOM, KOZHIKODE-673
016
2ROSHNI RUPESH,
AGED 37 YEARS
D/O A.P KRISHNA KUMAR ROSHINI, KUTHIRAVATTOM
P.O.KOOTOOLI AMSOM , PARAYANCHERI DESOM, KOZHIKODE-673
016
BY ADVS.
SHYAM PADMAN
HARISH ABRAHAM
ASHWATHI SHYAM
LAYA MARY JOSEPH
BOBY M.SEKHAR
C.M.ANDREWS
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANNTHAPURAM695 0012 KOZHIKODE MUNICIPAL CORPORATION, REPRESENTED BY IT SECRETARY, CALICUT BEACH, NEAR AKASHVANI, KOZHIKOE-673 032. BY ADVS. BINDUMOL JOSEPH SRIVIDYA KADV.K.R. DEEPA-SPL.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C) No.8285 of 2022
2
JUDGMENT
Dated this the 13th day of October, 2023
Sd/-
DINESH KUMAR SINGH
JUDGE
AP
W.P(C) No.8285 of 2022
3
APPENDIX OF WP(C) 8285/2022
PETITIONER EXHIBITS |
|
|---|---|
Exhibit P1 |
TRUE COPY OF THE APPLICATION FOR OCCUPANCYCERTIFICATE DATED 5.5.2021 (WITHOUTENCLOSURES) SUBMITTED BEFORE THE 2NDRESPONDENT IS PRODUCED HERE WITH MARKED AS |
Exhibit P2 |
TRUE COPY OF THE JUDGMENT DATED 27.9.2021OF THIS HON'BLE COURT IN WPC NO 15956/2021 |
Exhibit P3 |
TRUE COPY OF THE APPLICATION DATED29.12.2021 SUBMITTED BEFORE THE 2NDRESPONDENT FOR PAYMENT OF FEE FOR ISSUANCEOF OCCUPANCY CERTIFICATE |
Exhibit P4 |
TRUE COPY OF THE RECEIPT NO 0058204 DATED29.12.2021 ISSUED BY THE 2ND RESPONDENTTOWARDS THE RECEIPT OF FEE |
Exhibit P5 |
TRUE COPY OF THE APPENDIX H OCCUPANCYCERTIFICATE DATED 5.1.2022 ISSUED BY THE2ND RESPONDENT |
Exhibit P6 |
TRUE COPY OF THE ENTIRE SERIES OF FORM 9ARREAR DEMAND NOTICES DATED 24.2.2022ISSUED BY THE 2ND RESPONDENT |
Exhibit P7 |
TRUE COPY OF THE REPLY TO EXT P6 DEMANDNOTICE ISSUED BY THE 2ND RESPONDENT BY THEPETITIONER DATED 26.2.2022 |
Exhibit P8 |
TRUE COPY OF THE SERIES OF RECEIPT DATED5.3.2022 AGAINST PARTIAL PAYMENT TOWARDSTHE DEMAND NOTICE |
RENUKA KRISHNA KUMAR
ROSHNI RUPESH
STATE OF KERALA
KOZHIKODE MUNICIPAL CORPORATION
DINESH KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court