CHANGANACHERRY MUNICIPALITY Vs. C.S. BIJO

JUDGEMENT

(1.) THIS writ appeal is filed by the respondent in the writ petition challenging the judgment dated 03/07/2014 in W.P.C. No. 11335/2014.

(2.) THE writ petition was filed challenging Exts. P5 and P6 orders by which Secretary of the Municipality refused to grant occupancy certificate to the petitioner. Ext. P6 is the resolution of the Council dated 25/03/2014 refusing to interfere with the orders passed by the Secretary.

(3.) NO Counter affidavit has been fled by the Municipality in the writ petition. However, a contention was raised that the occupancy certificate was not issued on account of the fact that the area in which building permit has been issued has been included as "park and open space zone" under the Town Planning Scheme which was in existence. The building of the petitioner was included under the said scheme on the basis of the report of the District Town Planner.