T.P Jacob vs The Secretary
2021 Latest Caselaw 10322 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

     FRIDAY, THE 26TH DAY OF MARCH 2021 / 5TH CHAITHRA, 1943

                      WP(C).No.15606 OF 2014(A)


PETITIONERS:

      1        T.P JACOB
               AGED 67 YEARS, S/O.PHILIP, ROSE VILLA,
               P.D ROAD, PALLURUTHY, KOCHI 682 006.

      2        M.V MADHU
               AGED 46 YEARS, S/O.VISWANATHAN,
               MAPPALIL HOUSE, P.D ROAD,
               PALLURUTHY, KOCHI 682 006.

               BY ADVS.
               SRI.JAGADEESH LAKSHMAN
               SRI.N.S.DAYA SINDHU SHREE HARI


RESPONDENTS:


      1        THE SECRETARY
               CORPORATION OF KOCHI,
               ERNAKULAM 682 012.

      2        ASSISTANT EXECUTIVE ENGINEER
               CORPORATION OF KOCHI, ZONAL OFFICE,
               PALLURUTHY, KOCHI 682 006.

      3        RAJAN C.C
               19/362,A KOMACHAMPARAMBIL HOUSE,
               P.D ROAD,PALLURUTHY,KOCHI 682 006.

      4        KOSHORE RAJAN
               S/O.RAJAN, KOMACHAMPARAMBIL HOUSE,
               P.D ROAD,PALLURUTHY,KOCHI 682 006.

      5        SUNIL RAJ
               S/O.RAJAN,KOMACHAMPARAMBIL HOUSE,
               P.D ROAD,PALLURUTHY,KOCHI 682 006.
 W.P.(C)No.15606 of 2014-A
                                2


       6       BINDU
               W/O.KOSHORE RAJAN,A.KOMACHAMPARAMBIL HOUSE,
               P.D ROAD,PALLURUTHY,KOCHI 682 006.
               TALUK SURVEYOR, KOCHI.

               R1-2 BY ADV. SRI.R.HARISHANKAR,SC

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 26.03.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C)No.15606 of 2014-A
                                       3


                                 JUDGMENT

Dated this the 26th day of March, 2021

This writ petition is filed by the petitioners seeking to quash Ext.P7

by issuing a writ of certiorari. Ext.P7 is an order passed by the Secretary

of the Cochin Corporation apparently on the basis of a direction issued by

this court in W.P.(C)No.5185 of 2019 to consider a representation

submitted by the petitioners and to identify as to whether there is any

encroachment into a public pathway by the party respondents in the writ

petition namely respondents 3 to 6. The Secretary of the Corporation,

after having conducted the enquiry and carrying out the measurements

with the assistance of the Taluk Surveyor, found that there is no

encroachment into any public property in respect of the construction

carried out by the party respondents. It is thus challenging the legality

and correctness of the said order, this writ petition is filed.

2. I have heard learned counsel for the petitioners Smt.Aysha

Youseff and learned standing counsel appearing for respondents 1 and 2

Sri.R.Harisankar and perused the pleadings and materials on record.

3. On an analysis of Ext.P7, which is impugned in this writ petition,

it is clear that the order is based absolutely on factual circumstances. It

is also clear from the said order that pursuant to the complaint filed by W.P.(C)No.15606 of 2014-A

the petitioners a deep-seated enquiry was conducted by the Secretary of

the Corporation with the assistance of the Taluk Surveyor and has come

to the clear cut finding that there is no encroachment into any

puramboke property while the constructions were carried out by the

party respondents.

4. In that view of the matter, I do not feel that the petitioners

have made out any case so as to interfere with the said factual findings

rendered by the Secretary in a writ proceeding under Article 226 of the

Constitution of India.

In that view of the matter, the writ petition fails. Accordingly, it is

dismissed.

Sd/-

Shaji P.Chaly Judge

vpv W.P.(C)No.15606 of 2014-A

APPENDIX

PETITIONER'S EXHIBITS:

EXHIBIT P1 PHOTOCOPY OF THE COMPLAINT DTD 29-11-2007 BEFORE THE R.D.O FORT KOCHI.

EXHIBIT P2 PHOTOCOPY OF THE RPERESENTATION DTD 20-09-2008 SUBMITTED BEFORE THE 1ST RESPONDENT.

EXHIBIT P3 PHOTOCOPY OF THE NOTICE DTD 15-11-2008 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P4 PHOTOCOPY OF THE LETTER DTD 2-12-2008 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P5 PHOTOCOPY OF THE JUDGMENT DTD 26-03-2013 IN WPC 5185 OF 2009.

EXHIBIT P6 PHOTOCOPY OF THE REPRESENTATION DTD 31-08-2013 SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT.

EXHIBIT P7 PHOTO COPY OF THE ORDER DTD 7-2-2014 ISSUED BY 2ND RESPONDENT.

EXHIBIT P8 PHOTO COPY OF THE LETTER NO S2-2056/14 DTD 6-2-2014 OF THE TALUK SURVEYOR,KOCHI.

EXHIBIT P9 PHOTO COPY OF THE JUDGMENT DTD 24-2-2014 IN C.C (C) NO 75/2014 CLOSING THE CONTEMPT OF CPOURT CASE.

/TRUE COPY/

P.A. TO JUDGE