A.M.Youseff Sait vs Siddique
2021 Latest Caselaw 10418 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.14713 OF 2014(L)


PETITIONER:

               A.M.YOUSEFF SAIT,
               RESIDING AT 8/207, MAMMA VILLA,
               GUJARATHI ROAD, KOCHI -682 002,
               MUTHAWALI, CUTCHI HANAFI MOSQUE,
               MATTANCHERY, KOCHI -2, ALSO KNOWN AS
               CUTCHI MEMON HANAFI JAMA AT PALLI WAKF.

               BY ADV. SRI.P.U.ZIYAD

RESPONDENTS:

      1        SIDDIQUE
               C.C 6/837, MALOTHU PARAMBU,
               MATTANCHERY, KOCHI - 682 002.

      2        CORPORATION OF KOCHI
               REPRESENTED BY THE SECRETARY, CORPORATION OFFICE,
               PARK AVENUE ROAD, KOCHI -11.

      3        KERALA STATE WAKF BOARD
               REPRESENTED BY THE CHIEF EXECUTIVE OFFICER, WAKF
               BOARD OFFICE, VIP ROAD, KALOOR, KOCHI - 682 017.

      4        STATE OF KERALA
               REPRESENTED BY THE CHIEF SECRETARY,
               THIRUVANANTHAPURAM -695 001.

               BY ADV. SRI.K.J.MANU RAJ
               R2 BY ADV. SRI.V.S.SREEJITH, SC, COCHIN CORPORATION

     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.14713 of 2014-L
                                      2




                                 JUDGMENT

Dated this the 26th day of March, 2021

This writ petition is filed by the petitioner complaining that an

illegal construction is carried out by the 1 st respondent in a property

within the limits of the Corporation of Kochi. According to the petitioner,

the said complaint was kept pending without taking any action and which

persuaded the petitioner to approach this court by filing this writ petition.

2. The writ petition was pending before this court from the year

2014 without securing any interim orders. Normally it cannot be believed

that any application filed before the Corporation is pending consideration

at this distance of time but however learned counsel for the Corporation

as well as the counsel for the petitioner submitted that perhaps

consequent to the pendency of O.S.No.404 of 2010 before the Munsiff's

Court, Kochi, action may not have been taken on the basis of the

complaint submitted by the petitioner. Anyhow, the writ petition is to be

disposed of since it is a very old matter.

Having heard learned counsel for the petitioner Sri.P.U.Ziyad and

learned standing counsel for the Corporation Sri.V.S.Sreejith, this writ

petition is disposed of, directing the Secretary of the Corporation to

consider Ext.P2 complaint if it is still remaining consideration, however W.P.(C)No.14713 of 2014-L

subject to any orders passed by the civil court in the pending

proceedings as is specified above. The exercise shall be completed at the

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

copy of this judgment subject to any orders passed by the court in the

proceeding specified above. However I make it clear that if already a

decision is taken on the basis of Ext.P2 complaint, the issue shall not be

reopened and the order and the directions contained above shall stand

vacated.

Sd/-

Shaji P.Chaly Judge

vpv W.P.(C)No.14713 of 2014-L

APPENDIX

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT DATED 22/05/2014.

EXHIBIT P2 TRUE COPY OF THE COMPLAINT DATED 25/04/2014.

EXHIBIT P3 TRUE COPY OF THE RECEIPT DATED 25/04/2014 ISSUED BY THE 2ND RESPONDENT.

/TRUE COPY/

P.A. TO JUDGE