IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 4TH JUNE 2010 / 14TH JYAISTHA 1932 WP(C).No. 15893 of 2010(J) -------------------------- PETITIONER: --------------- RAJALAKSHMI, W/O.N.KRISHNAKUMAR, NELLIKKAPPILLIL HOUSE, TRIPUNITHURA. BY ADV. SRI.T.K.RADHAKRISHNAN SRI.P.K.RAVISANKAR RESPONDENT(S): --------------- THE SECRETARY, CORPORATION OF KOCHI, ERNAKULAM. ADV. SRI.PRAVEEN K. JOY,SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.15893 of 2010 --------------------------------- DATED THIS THE 4th DAY OF JUNE, 2010 JUDGMENT The petitioner herein is the owner of 8.097 cents of land comprised in survey No.1375/1 of Poonithura Village. The petitioner decided to construct a three storeyed building in the said land consisting of basement car parking, ground floor, first floor and second floor. Exhibit P1 is the copy of the building permit and Exhibit P2 is the copy of the site plan. The main prayer in the Writ Petition is for a direction to the respondent to issue occupancy certificate to the petitioner pursuant to Exhibit P4 completion plan and assign building numbers to the building constructed on the strength of Exhibits P1 and P2. 2. The petitioner has averred in paragraph 5 of the Writ Petition that the respondent is refusing to issue occupancy certificate on factually wrong premises that the coverage of the building is more than 60%. 3. On getting instructions from the respondent, the learned Standing Counsel for the Corporation has filed a W.P.(C)No.15893/10 -2- statement. It is mentioned therein that in the light of the complaint from one Shri Leeladhar, a site inspection was conducted and it was found that in terms of Rule 24(5) of the Building Rules, there was no proper open space for which a notice was issued to the petitioner to comply with the same and now the said complaint has been rectified. 4. The contention raised by the Corporation is that in the site inspection conducted it is found that existing coverage of the building is 63.57% and in terms of the Kerala Municipalities Building Rules, the coverage can be permitted only upto 65% and according to the structural plan of the building, only 60% is permissible. They have issued a notice dated 17.5.2010 in the matter. 5. The learned counsel for the petitioner submitted that the construction done by the petitioner is in accordance with the Rules and the building plan and there is no violation of the plan approved. On receipt of the notice, it is upto the petitioner to file a proper reply to the respondent and the respondent will consider the same and take a final decision after considering various aspects including the permit granted and the plan approved. The W.P.(C)No.15893/10 -3- fact that the construction of the building is already completed will also be taken into consideration by the respondent. Based on the same, steps will be taken to issue occupancy certificate and to number the building expeditiously. The Writ Petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE. dsn