JUDGMENT : This writ petition is filed seeking the following prayers: “(i) Call for the records leading to Exhibits P5 and P6 and quash the same by issuing a writ of certiorari or any other appropriate writ or direction. (ii) Issue a writ of mandamus directing the 2nd respondent to grant permanent number to the building constructed by the petitioner in accordance with Exhibit P1 building permit.” 2. Heard the learned counsel for the petitioner and the learned standing counsel appearing for the respondents. 3. It is submitted by the learned counsel for the petitioner that the petitioner was issued with a building permit on 18.02.2021 pursuant to which he had completed the construction of the building and applied for occupancy certificate on 28.10.2021. It is submitted that in spite of the passage of 15 days, no defect was intimated to the petitioner and the petitioner became entitled to a deemed occupancy certificate. It is submitted that thereafter, the petitioner again approached the respondents, pursuant to which Ext.P5 communication was issued on 16.03.2022 stating that the petitioner had been intimated of certain defects and therefore, his application for occupancy certificate cannot be considered. The learned counsel for the petitioner submits that a reading of Ext.P5 itself would show that the application for occupancy certificate was submitted by the petitioner on 28.10.2021. It is further stated that no date is stated for the reference (3) in Ext.P5 and that therefore, the same had not been issued within the statutory period of 15 days and cannot be relied upon. 4. The learned standing counsel appearing for the respondents submits that the application for occupancy certificate had been received from the petitioner on 28.10.2021 and that site inspection had been conducted pursuant to which a report was generated. It is submitted that a communication was issued to the petitioner to rectify the defects on 06.01.2022. It is submitted that there are defects in the construction carried out by the petitioner and therefore, the occupancy certificate cannot be granted. 5. Having heard the learned counsel on either side, I notice that the submission of the application for occupancy certificate on 28.10.2021 is not disputed by the respondents. It is also clear that the notice with regard to defects have not been communicated to the petitioner within the statutory period of 15 days as provided in Rule 20(3) of the Kerala Municipality Building Rules, 2019. It is also clear that the notice with regard to defects have not been communicated to the petitioner within the statutory period of 15 days as provided in Rule 20(3) of the Kerala Municipality Building Rules, 2019. In the above view of the matter, I am of the opinion that the petitioner is entitled to a deemed occupancy certificate. The defects as noticed in Ext.P5 are to the effect that the building does not maintain the requisite distance from the road. It is not clear from Ext.P5 whether the defect is in the construction carried out by the petitioner or in the issuance of the building permit as such. 6. In the above circumstances, I am of the opinion that the respondents cannot rely on a communication dated 06.01.2022 or Ext.P5 to contend that the petitioner is not entitled to an occupancy certificate. Ext.P5 is therefore set aside. There will be a direction to the respondents to issue occupancy certificate to the petitioner in terms of Rule 20(3) of the Kerala Municipality Building Rules, 2019, within a period of three weeks from the date of receipt of a copy of this judgment. This writ petition is ordered accordingly.