GEORGE T P , THEKKUMMOOTTIL HOUSE AND ORS Vs. GEORGEKUTTY KUNJERIA, VADAKARA HOUSE, KIDANGARAKARA, VELIYANADU VILLAGE AND ORS

JUDGEMENT

(1.) Appellants are the respondents 6 and 7 in the writ petition. The challenge is against the decision of the learned Single Judge in the form of an interim order.

(2.) The writ petition itself was filed seeking the following prayers: "a) Issue a writ of mandamus or any other appropriate writ, direction or order directing the respondents 1 to 3 to renew Exhibit P1 building permit and to issue the occupancy certificate to the petitioners building as expeditiously as possible b) Issue a writ declaring that the directions as contained in Ext.P21 having been complied as required under law, there is no justification in not issuing the occupancy certificate by the respondent Corporation. c) Issue a writ of mandamus or any other appropriate writ, direction or order directing the respondents 1 to 3 to interdictthe 5th respondent from dealing with the petitioners' building as the 5th respondent does not have the authority to deal with buildings having a plinth area of more than 750 M2, by virtue of Exhibit P10 order." It is pending the writ petition that the writ petitioners sought for a direction to the Secretary to consider and take a decision on Ext.P27. The learned Single Judge directed consideration of Ext.P27 in accordance with law under Rule 22(4) and to pass orders thereon in accordance with law.

(3.) This appears to be a case where the building has been put up running into 12 floors + ground floor and basement. By Ext.P21, the Secretary noticing that certain defects remain ordered that the renewal of the permit can be given only on the removal of the defects which are noted. According to the writ petitioners, however, there can be no difficulty in the matter of granting occupancy certificate in respect of the undisputed portions of the building.According to the writ petitioners, in short the disputes centred around the 12th floor alone.This is disputed by the appellants. The appellants challenged Ext.P21 before the Tribunal. The Tribunal we notice from Annexure R1(a) order has proceeded to dismiss the appeal filed by the appellants. Paragraph 39 of Annexure R1 (a) order stated as follows: "In the result, the impugned order is confirmed and the appeal is dismissed. The Secretary is directed to verify whether the impugned order is complied with by respondents 5 and 6 and also verify whether the aspects mentioned in Paragraph 37 of this order are actual violations proceed properly under Section 406 of the Kerala Municipality Act against respondents 5 and 6 without any unnecessary delay."