A.R.Soman vs The Kochi Municipal Corporation
2021 Latest Caselaw 11350 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SATHISH NINAN

   THURSDAY, THE 08TH DAY OF APRIL 2021 / 18TH CHAITHRA, 1943

                       WP(C).No.9189 OF 2021(W)


PETITIONER:

               A.R.SOMAN
               S/O RAJAPPAN, AGED 65 YEARS,
               ALUMPARAMBIL HOUSE, HOUSE NO.12/1505,
               PALLURUTHY PO., RAMESWARAM VILLAGE, KOCHI TALUK,
               ERNAKULAM DIST. PIN- 682006.

               BY ADVS.
               SRI.SABU JOHN
               SMT.G.BINDU
               SHRI.RAJEEVU L.G.

RESPONDENTS:

      1        THE   KOCHI  MUNICIPAL  CORPORATION,  CORPORATION
               OFFICE, ERNAKULAM, KOCHI PIN-682011, REP. BY THE
               SECRETARY.

      2        THE   SECRETARY,   KOCHI    MUNICIPAL   CORPORATION,
               CORPORATION OFFICE, ERNAKULAM, KOCHI PIN - 682011.

      3        THE ASSISTANT EXECUTIVE ENGINEER, KOCHI MUNICIPAL
               CORPORATION, CORPORATION OFFICE, ERNAKULAM, KOCHI -
               682011.

      4        THE    BUILDING    INSPECTOR,   KOCHI    MUNICIPAL
               CORPORATION, CORPORATION OFFICE, ERNAKULAM, KOCHI,
               PIN-682011.

      5        THE   STATION  HOUSE   OFFICER,  PALLURUTHY   POLICE
               STATION, KOCHI CITY, PALLURUTHY PO, KOCHI - 682006.

      6        A.R.ANILKUMAR,   S/O  RAJAPPAN, AGED  56  YEARS,
               ALUMPARAMBIL HOUSE, HOUSE NO.12/1505, PALLURUTHY
               PO, RAMESWARAM VILLAGE, KOCHI TALUK, ERNAKULAM
               DISTRICT, PIN-682006.

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                      SATHISH NINAN, J.
             ==================
                  W. P. (C) No.9189 of 2021
             ==================
              Dated this the 8th day of April, 2021

                               JUDGMENT

The petitioner is aggrieved by Ext.P13 stop

memo issued by the third respondent-Assistant

Executive Engineer of the Municipal Corporation

alleging unauthorised construction. It appears that

there is dispute between the petitioner and the

sixth respondent-his brother, with regard to the

property, and that a suit is pending between the

parties before the Munsiff's Court, Kochi, as OS

11/2021. The relief claimed in the suit is one for

fixation of boundary.

2. In reply to Ext.P13 the petitioner has

submitted Ext.P14 reply before the Secretary of the

Corporation - second respondent in the writ

petition. At this stage it would be sufficient if

the second respondent considers Ext.P14 in reply to

Ext.P13 after hearing the petitioner and the sixth

respondent. While considering the same, the second

respondent shall take due note of as to whether W. P. (C) No.9189 of 2021

there is any interdictory order in force passed in

OS 11/2021.

3. The writ petition is disposed of directing

the second respondent to consider Ext.P14 in reply

to Ext.P13 stop memo, and pass appropriate orders

after hearing the petitioner and the sixth

respondent, as expeditiously as possible and at any

rate within a period of two weeks from the date of

receipt of a copy of this judgment.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge WP(C).No.9189 OF 2021(W)

APPENDIX PETITIONER'S EXTS:-

EXT.P1 TRUE COPY OF THE SETTLEMENT DEED BEARING NO.I/1376/2000 OF KOCHI SRO DATED 09/03/2000.

EXT.P2 TRUE COPY OF THE LAND TAX RECEIPT FOR PAYMENT OF LAND TAX AS ON 29/12/2020 BEARING NO.KL07011409521/2020 BEFORE THE RAMESWARAM VILLAGE OFFICE.

EXT.P3 TRUE COPY OF THE BUILDING TAX RECEIPT FOR PAYMENT OF TAX UP TO 31/03/2020 BEARING NO.07/11901120707 DATED 31/01/2020.

EXT.P4 TRUE COPY OF THE BUILDING PERMIT NO.SYP2/124/2000 DATED 21/03/2000.

EXT.P5 TRUE COPY OF THE CERTIFICATE NO.SYR 1/1028/2020 ISSUED BY THE REVENUE OFFICER OF THE FIRST RESPONDENT DATED 03.02.2020.

EXT.P6 TRUE COPY OF THE CONSENT LETTER GIVEN BEFORE THE SECOND RESPONDENT DATED 10.03.2000.

EXT.P7 TRUE COPY OF THE CERTIFICATE OF TREATMENT ISSUED BY THE DOCTOR WHO IS TREATING THE PETITIONER ISSUED AS ON 09.04.2017.

EXT.P8 TRUE COPY OF THE PLAN OF THE BUILDING

EXT.P9 TRUE COPY OF THE ESTIMATE PREPARED BY THE 4TH RESPONDENT.

EXT.P10 TRUE COPY OF THE PASS BOOK OF THE PETITIONER SHOWING THE DISBURSEMENT OF THE AMOUNT IN BANK ACCOUNT BEARING NO.617202120000157 OF THE UNION BANK OF INDIA, PALLURUTHY BRANCH

EXT.P11 TRUE COPY OF THE PLAINT FILED BY THE BROTHER OF THE PETITIONER IN OS 11/2021 DATED 12.01.2021.

EXT.P12 TRUE COPY OF THE COMMISSION REPORT FILED AS PER IA 3/2021 IN OS 11/2021 DATED 18.01.21. APPENDIX/WP(C).No.9189 OF 2021(W)

EXT.P13 TRUE COPY OF THE STOP MEMO ISSUED TO THE PETITIONER AS PER ORDER NO. SYP2/3372/2021 DATED 22/03/2021.

EXT.P14 TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 05.04.2021.

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