ALEXANDER Vs. KOTTAYAM MUNICIPALITY

JUDGEMENT

(1.) Heard both sides. On the basis of Ext. P1 building permit, the 1st petitioner constructed a six storeyed apartment complex, photograph of which is Ext. P7. Petitioners 2 & 3 are its occupants. After completion of the construction, Ext. P2 occupancy certificate was issued by the Municipality. It is stated that based on certain comments made by the Town Planning Department, occupancy certificate was cancelled.

(2.) The matter was considered by the Tribunal in Appeal No. 618/2009. The Tribunal disposed of the appeal by Ext. P3 order setting aside the impugned proceedings, but however giving liberty to the Municipality to take fresh action. Accordingly, Ext. P5 order was issued, reiterating its earlier stand and stating that out of the 7 violations pointed out, only two were rectified and that on rectifying the remaining 5 alone occupancy certificate can be issued.

(3.) Ext. P5 order was again challenged before the Tribunal in Appeal No. 985/2009. By Ext. P6 order dated 18.2.2010 the Tribunal again set aside Ext. P5 again giving liberty to the Municipality to take fresh action and a time frame of two months from the date of the order also has been fixed for the said purpose.