Kerala High Court
Thaha M.A vs The Corporation Of Kochi on 15 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
MONDAY, THE 15TH DAY OF FEBRUARY 2021 / 26TH MAGHA,1942
WP(C).No.13000 OF 2020(Y)
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PETITIONER:
THAHA M.A.,
AGED 51 YEARS
S/O.ALIKUTTY, DOOR NO.4,
KUNNUMPURATH APARTMENT,
ANDI ACHARI ROAD, PANAYAPPILLY,
KOCHI-682002.
BY ADVS.
SRI.T.MADHU
SMT.C.R.SARADAMANI
SHRI.FEBIN RAJ TS
RESPONDENTS:
1 THE CORPORATION OF KOCHI
OFFICE OF THE CORPORATION OF KOCHI,
ERNAKULAM, KOCHI-682011,
REPRESENTED BY ITS SECRETARY.
2 THE EXECUTIVE ENGINEER,
CORPORATION OF KOCHI,
MATTANCHERY DIVISION,
KOCHI-682002.
3 ADDL.R3. SHINI JOHN,
AGED 50 YRS, W/O.JOHN FRANCIS,
KUNDUKULAM HOUSE, H.NO.18/1081,
ESI ROAD, PALLURUTHY,
KOCHI - 682 006.
4 ADDL.R4. BOBAN,
AGED 56 YRS, S/O.SEBASTIAN,
KUTHUKUTTU HOUSE, ESI ROAD,
PALLURUTHY,
KOCHI - 682 006.
(ADDITIONAL RESPONDENTS 3 AND 4 ARE IMPLEADED AS
PER ORDER DATED 29.01.2021 IN I.A.1/2020 IN
WP(C)13000/2020.)
R1-2 BY SRI.JIBU P.THOMAS,SC,COCHIN CORPORATION
R3 BY ADV. P.K.GEORGE
R3 BY ADV. SRI.HENDRY FERNANDEZ
R3 BY ADV. SMT.SMITHA GEORGE (STANDING COUNSEL)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
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W. P. (C) No.13000 of 2020
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Dated this the 15th day of February, 2021
JUDGMENT
The writ petition is filed seeking a direction
to the respondents not to construct a drainage
through the property belonging to one Roy Varghese
and his wife, who are abroad, and of which the
petitioner is the caretaker, except by resorting to
due process of land acquisition under the relevant
statute.
2. The first respondent Corporation through its
Secretary has filed a counter affidavit, paragraph
6 of which is self explanatory and reads thus:-
"It is respectfully submitted that the work under
project number S-346/20 is being executed
without making any change in the alignment of
the existing road and no property was
encroached. The entire construction is confined
within the limits of the existing road and there is
no change in the length and width of the road.
W. P. (C) No.13000 of 2020
There is no basis for the allegations levelled in
the writ petition."
3. It is further reported that the proposed
work is also completed. In view of the above, no
directions are called for in this writ petition.
Writ petition is accordingly closed.
Sd/-
SATHISH NINAN
JUDGE
kns/-
//True Copy//
P.S. to Judge
WP(C).No.13000 OF 2020
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE PLAINT IN
O.S.NO.5/2018 DATED 5.1.2018 ON THE FILES
OF THE MUNSIFF'S COURT, KOCHI.
EXHIBIT P2 THE TRUE COPY OF THE COMMISSION REPORT
DATED 15.1.2018 IN I.A.NO.55/2018 IN
O.S.NO.5/2017 ON THE FILES OF THE PRINCIPAL
MUNSIFF'S COURT, KOCHI.
EXHIBIT P3 THE TRUE COPY OF THE WRITTEN STATEMENT
DATED 23.11.2018 IN O.S.NO.5/2018 ON THE
FILES OF THE MUNSIFF'S COURT, KOCHI FILED
BY THE DEFENDANTS 1 AND 2 THEREIN.
EXHIBIT P4 THE TRUE COPY OF THE WRITTEN STATEMENT
FILED BY THE THIRD DEFENDANT DATED
5.10.2018 IN O.S.NO.5/2018 ON THE FILES OF
THE LEARNED MUNSIFF'S COURT, KOCHI.
EXHIBIT P5 THE TRUE COPY OF THE JUDGMENT DATED
29.12.2017 IN W.P.(C) NO.42067/2017 ON THE
FILES OF THIS HONOURABLE COURT.
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