2025:KER:26658 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 WP(C) NO. 27093 OF 2024 PETITIONERS: 1 SURESH KUMAR MINTRI, AGED 66 YEARS 28/215 A, MAHAMANORAM HOUSE, CHILAVANNOOR ROAD, ELAMKULAM, KADAVANTHARA P.O, ERNAKULAM, PIN - 682020 2 MAHESH KUMAR MINTRI, AGED 67 YEARS 28/215 A, MAHAMANORAM HOUSE, CHILAVANNOOR ROAD, ELAMKULAM, KADAVANTHARA P.O, ERNAKULAM, PIN - 682020 BY ADVS. V.SREEJITH (K/1398/2000) MANSOOR.B.H. SAKEENA BEEGUM RESPONDENTS: 1 KOCHI MUNICIPAL CORPORATION, PARK AVENUE ROAD, MARINE DRIVE, ERNAKULAM, REPRESENTED BY ITS SECRETARY, PIN - 682011 2 THE SECRETARY, KOCHI MUNICIPAL CORPORATION,PARK AVENUE ROAD,MARINE DRIVE, ERNAKULAM, PIN - 682011 3 SUPERINTENDING ENGINEER/ASSISTANT EXECUTIVE ENGINEER, 2025:KER:26658 2 WP(C) NO. 27093 OF 2024 CORPORATION OF COCHIN.EAST ZONE OFFICE, VYTILLA, KOCHI, PIN - 682019 BY ADV ARUN ANTONY OTHER PRESENT: Shri.K.Janardhana Shenoy, S.C THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:26658 3 WP(C) NO. 27093 OF 2024 JUDGMENT The petitioners are aggrieved by the cancellation of the occupancy certificate granted to them. Ext.P1 is the building permit obtained by the petitioners, based on which they had completed the construction. Thereafter, the occupancy certificate was also issued to the petitioners, as evidenced by Ext.P3. 2. However, later, Exts.P7 and P8 notices were issued to the petitioners by the 2nd respondent, pointing out that certain conditions in the affidavit filed along with the application for occupancy certificate were not complied with by the petitioners. Even though the petitioners were granted an opportunity for hearing, the petitioners did not appear and accordingly a final order as evidenced by Ext.P10, was passed, cancelling the occupancy certificate issued to the petitioner. 3. The specific contention of the petitioners is that, no proper opportunity for being heard was granted to the them, while considering the application. 4. The learned Standing Counsel for the respondent Corporation submits that, they are prepared to give the petitioners an opportunity for being heard. 2025:KER:26658 4 WP(C) NO. 27093 OF 2024 In such circumstances, this writ petition is disposed of, setting aside Ext.P10, with a direction to the 2nd respondent to reconsider the issue after giving the petitioners an opportunity for being heard. A decision shall be taken within a period of one month from the date of receipt of a copy of this judgment. Sd/- ZIYAD RAHMAN A.A. JUDGE STB 2025:KER:26658 5 WP(C) NO. 27093 OF 2024 APPENDIX OF WP(C) 27093/2024 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE BUILDING PERMIT NO. KRP2-143/18/COC/KRP/184/18. DATED 24/10/2018 ISSUED BY THE 2ND RESPONDENT EXHIBIT P2 TRUE COPY OF THE AFFIDAVIT DATED 17/10/2023 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXHIBIT P3 TRUE COPY OF THE OCCUPANCY CERTIFICATE DATED 18/10/2023 EXHIBIT P4 TRUE COPY OF THE NOTICE DATED 05/03/2024 EXHIBIT P5 TRUE COPY OF THE NOTICE DATED 22/03/2024 ISSUED BY THE 1ST RESPONDENT EXHIBIT P6 TRUE COPY OF THE NOTICE DATED 05/04/2024 EXHIBIT P7 TRUE COPY OF THE NOTICE DATED 24/04/2024 EXHIBIT P8 TRUE COPY OF THE NOTICE DATED 28/05/2024 EXHIBIT P9 TRUE COPY OF THE REPRESENTATION AND POSTAL RECEIPT DATED 07/06/2024 EXHIBIT P10 TRUE COPY OF THE ORDERNO.KRP2-143/18 DATED 19/06/2024 ISSUED BY THE 2ND RESPONDENT