Beevi.P.A vs Kochi Municipal Corporation
2021 Latest Caselaw 10383 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.25934 OF 2015(N)


PETITIONER:

               BEEVI.P.A
               AGED 63 YEARS
               W/O. LATE K.W., HAMSA, HOUSE NO. 3/203, NELLUKADAVU,
               FORT KOCHI P.O., PIN -682 001.

               BY ADVS.
               SRI.ABDUL JALEEL.A
               SRI.M.J.PAVU
               SMT.M.A.SULFIA

RESPONDENTS:

      1        KOCHI MUNICIPAL CORPORATION
               REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE,
               P.B. NO. 1016, ERNAKULAM, KOCHI - 682 011.

      2        THE ASSISTANT EXECUTIVE ENGINEER
               ZONAL OFFICE, CORPORATION OF KOCHI, FORT KOCHI.

      3        BASHEER
               S/O. ABOOBACKER, HOUSE NO. 3/204, ERAVELI COLONY,
               FORT KOCHI - 682001.

      4        STATE OF KERALA
               REPRSENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT
               DEPARTMENT, THIRUVANANTHAPURAM.



               R1 AND R2 - SRI.R.HARISHANKAR,STANDING COUNSEL
               R4 - SRI.SURIN GEORGE IPE,SENIOR GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD            ON
26.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.25934 OF 2015(N)                  2




                                 JUDGMENT

Dated this the 26th day of March 2021

This writ petition is filed by the petitioner seeking a writ of mandamus

directing the Corporation of Cochin and the Assistant Executive Engineer,

Zonal Office, Fort Kochi, to confirm Exhibit P3 order in accordance with section

406(3) of the Kerala Municipality Act, 1994.

2. The subject issue relates to a complaint filed by the petitioner before

the Secretary of the Corporation. Consequent to which, Exhibit P3 provisional

order was passed under section 406(1) of Act, 1994. Apparently, no action

was initiated thereafter, which persuaded the petitioner to approach this Court

by filing this writ petition, especially due to the fact that Exhibit P4

representation submitted to do so was not considered by the Assistant

Executive Engineer, Zonal Office, Fort Kochi.

3. I have perused the pleadings and materials on record.

4. When the writ petition has come up for admission on 21.8.2015, an

interim order was passed by this Court directing the Corporation and the

Assistant Executive Engineer, Zonal Office, Fort Kochi, to consider Exhibit P4

representation and take appropriate decision in accordance with law, after

providing a reasonable opportunity of hearing to the petitioner and the party

respondents. Since the subject matter was pending consideration before this

Court for the past more than 6 years, I think it is only appropriate that a

quietus is given to the writ petition.

Therefore, the writ petition is disposed of, directing the 2nd respondent

i.e., the Assistant Executive Engineer, Zonal Office, Fort Kochi, to attain finality

to Exhibit P4 complaint submitted by the petitioner and the provisional order

passed by the Assistant Executive Engineer, Zonal Office, Fort Kochi, evident

from Exhibit P3 dated 5.6.2015, if it is not already disposed of, at the earliest

possible time and at any rate within two months from the date of receipt of a

copy of this judgment. However, I make it clear that, if the proceedings have

attained finality, it shall not be re-opened in any circumstances.

Sd/-

                                                    SHAJI P.CHALY

smv                                                       JUDGE





                            APPENDIX
PETITIONER'S EXHIBITS:

EXHIBIT P1           EXHIBIT-P1-TRUE COPY OF THE PROCEEDINGS OF
                     THE IST RESPONDENT DATED 31/08/2002.

EXHIBIT P2           EXHIBIT-P2-TRUE COPY OF THE REPLY DATED
                     18/06/2015.

EXHIBIT P3           EXHIBIT-P3-TRUE COPY OF THE PROVISIONAL
                     ORDER AND NOTICE DATED 05/06/2015 U/S
                     406(1) OF THE KERALA MUNICIPALITY ACT.

EXHIBIT P4           EXHIBIT-P4-TRUE COPY OF THE REPRESENTATION
                     DATED 22/06/2015