Pappachan Philipose vs Kochi Municipal Corporation
2021 Latest Caselaw 11423 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

                 THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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

                          WP(C).No.1357 OF 2018(T)


PETITIONER/S:

                PAPPACHAN PHILIPOSE
                AGED 62 YEARS, S/O.PAPPACHAN, HOTEL GRAND
                SEASONS,CHITTOOR ROAD, ERNAKULAM, MG ROAD PO,
                PIN:682 016,REPRESENTED BY HIS POWER OF ATTORNEY HOLDER
                MR.K.A.THOMAS, AGED 65 YEARS, S/O.K.A.ABRAHAM,RESIDING AT
                KOOTTUNGAL HOUSE, PADAMUGAL, KAKKANADU PO, PIN -682 030.

                BY ADVS.
                SRI.JOHNSON ABRAHAM
                SRI.NELSON ABRAHAM

RESPONDENT/S:

       1        KOCHI MUNICIPAL CORPORATION
                PARK AVENUE, ERNAKULAM HEAD PO, PIN: 682 031,REPRESENTED
                BY ITS SECRETARY.

       2        THE SUPERINTENDING ENGINEER
                KOCHI MUNICIPAL CORPORATION, PARK AVENUE, ERNAKULAM
                HEAD PO, PIN: 682 031.

       3        THE EXECUTIVE ENGINEER TOWN PLANNING SECTION
                KOCHI MUNICIPAL CORPORATION, PARK AVENUE,ERNAKULAM
                HEAD PO, PIN: 682 031.

       4        MR.SUHAIB V.
                AGED 35 YEARS, S/O.LATE AHAMMED,CEYLON BAKE HOUSE, SRV
                ROAD,ERNAKULAM, MG ROAD PO, PIN-682 016.



                R1 BY ADV. SRI.A.RAJAGOPALAN
                R1 BY ADV. SMT.P.SEENA
                R1 BY ADV. SRI.SHIBU JOSEPHSC COCHIN CORPORATION


                R1 TO 3 - SRI.R.HARISHANKAR,SC
                 R4 - SRI.A.BALAGOPALAN

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08.04.2021,
     THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No. 1357/2018                    :2:




                 Dated this the 8th day of April, 2021.

                            JUDGMENT

This writ petition is filed by the petitioner challenging Ext.P3

intimation dated 04.01.2018 issued by the Executive Engineer (Town

Planning Section), Kochi Municipal Corporation directing respondent

No. 4 to stop the construction carried out by the 4 th respondent, since

the same has apparently caused a crack in the wall of the neighbour

namely Sri. K. A. Thomas.

2. The grievance of the petitioner is that the stop memo is not

implemented by the Secretary or the authorised Officer of the

Corporation of Kochi. This Court, while admitting the case to files, has

passed an interim order dated 15.01.2018 directing respondents 1 to 3

to enforce Exts.P2 and P3 stop memos, if the same has not been

cancelled or modified in a manner known to law.

3. In my considered view, when a stop memo is issued, an

aggrieved person is entitled to appear before the Secretary, file

suitable objection and establish that it was not due to the construction

carried out by the permit holder that the damages have been caused

to the building of the neighbour.

4. In that view of the matter, since the matter was pending

before this Court for the past 3 years, I do not think, any purpose

would be served by keeping this file pending. Therefore, after having

heard the learned counsel for the petitioner Sri. N.M Mohamed Ayub

and the learned Standing Counsel for the Corporation Sri. R.

Harishankar and the learned counsel for the 4th respondent Sri. A.

Balagopal, this writ petition is disposed of, leaving open the liberty of

the 4th respondent to file objections to Exts.P2 and P3 stop memos,

and if the same is filed within 15 days from the date of receipt of a

copy of this judgment, the issue shall be adjudicated and finalised after

providing an opportunity of hearing to the petitioner and the 4 th

respondent, at the earliest and at any rate within a month thereafter.

Till such time, the interim order granted by this Court shall continue to

be in force.

The learned counsel for the 4th respondent submitted that a civil

suit filed by the petitioner against the 4 th respondent is pending

consideration before the civil court in respect of the very same issue.

The same is recorded.

sd/-

SHAJI P. CHALY, JUDGE.

Rv

APPENDIX

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF COMPLAINT DATED 03.01.2018 SUBMITTED BY THE PETITIONER TO KOCHI MUNICIPAL CORPORATION.

EXHIBIT P2 TRUE COPY OF THE NOTICE NO.ISO/MOP.1-0368/18, DATED 04.01.2018 ISSUED BY KOCHI MUNICIPAL CORPORATION.

EXHIBIT P3 TRUE COPY OF THE STOP MEMO NO.ISO/MOP.1-

0386/18, DATED 04.01.2018 ISSUED BY KOCHI MUNICIPAL CORPORATION.

EXHIBIT P4               PHOTOGRAPHS (2 NOS.)


RESPONDENTS' EXHIBITS: NIL


                                /True Copy/


                                                              PS To Judge.
rv