Prof. K. Aravindakshan vs The Secretary

Citation : 2022 Latest Caselaw 5962 Ker
Judgement Date : 31 May, 2022

Kerala High Court
Prof. K. Aravindakshan vs The Secretary on 31 May, 2022
        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                        PRESENT
          THE HONOURABLE MR.JUSTICE N.NAGARESH
 TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944
                WP(C) NO. 17592 OF 2022
PETITIONER:

         PROF. K. ARAVINDAKSHAN
         AGED 83 YEARS
         S/O. PRABHAKARA MENON, PLOT NO. 149,
         KRIPA, PANAMPILLY NAGAR, KOCHI, PIN-682036

         BY ADVS.
         SANTHOSH PETER (MAMALAYIL)
         P.N.ANOOP
         M.S.SANDEEP SUDHAKARAN


RESPONDENTS:

    1    THE SECRETARY
         MUNICIPAL CORPORATION, KOCHI 682001.
    2    ABI GEORGE
         S/O PROF. K.V. GEORGE PLOT NUMBER G-148,
         PANAMPILLY NAGAR, KOCHI, PIN-682036.

         BY SRI.K.JANARDHANA SHENOY

     THIS WRIT PETITION (CIVIL) HAVING COME UP        FOR
ADMISSION ON 31.05.2022, THE COURT ON THE SAME        DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.17592/2022
                                          :2:




                              N. NAGARESH, J.

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                         W.P.(C) No.17592 of 2022

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                   Dated this the 31st day of May, 2022

                               JUDGMENT

~~~~~~~~~ The petitioner, who is a senior citizen and a retired Professor, has approached this Court seeking to consider Ext.P2 representation.

2. The petitioner would submit that he is residing in a property in Panampilly Nagar area in Kochi along with his wife. The 2nd respondent has made certain illegal construction in the neighbouring property. The construction encroaches into the property of the petitioner and it has been made in gross violation of the Building Rules. The petitioner therefore filed Exts.P1 and P2 complaints before the 1 st respondent. The 1st respondent has not considered the complaints so far though reminders were made in the year W.P.(C) No.17592/2022 :3: 2021.

3. I have heard the learned counsel for the petitioner and the learned Standing Counsel representing the 1st respondent. In view of the nature of the order to be passed in the writ petition, notice to the 2 nd respondent is dispensed with.

Taking into consideration the averments made in the writ petition, the writ petition is disposed of directing the 1st respondent to consider Ext.P2 complaint filed by the petitioner and take a decision thereon, after giving notice to the 2nd respondent and after hearing the parties. Orders in this regard shall be passed within a period of two months.

Sd/-

N. NAGARESH, JUDGE aks/31.05.2022 W.P.(C) No.17592/2022 :4: APPENDIX OF WP(C) 17592/2022 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE REPRESENTATION BY THE PETITIONER DATED 04.02.2021.

Exhibit P2 TRUE COPY OF THE REPRESENTATION BY THE PETITIONER TO THE 1ST RESPONDENT DATED 21.10.2021 Exhibit P3 A TRUE COPY OF THE RECEIPT ISSUED BY THE 1ST RESPONDENT.