Barrid Antony P.J @ Kunjumon vs The Secretary
2021 Latest Caselaw 8079 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

           THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

    TUESDAY, THE 09TH DAY OF MARCH 2021 / 18TH PHALGUNA, 1942

                        WP(C).No.6095 OF 2021(J)


PETITIONER/S:

                BARRID ANTONY P.J @ KUNJUMON,
                AGED 53 YEARS, S/O.P.R. JOSEPH,
                PALAPPARAMBIL HOUSE,
                HOUSE NO. 9/57 (NEW 27/22).
                FORT KOCHI, VELI, PIN-682 001.

                BY ADV. SRI.C.S.YESUDAS

RESPONDENT/S:

      1         THE SECRETARY,
                KOCHI MUNICIPAL CORPORATION,
                BOAT JETTY ROAD, ERNAKULAM,
                ERNAKULAM P.O., PIN-682 011.

      2         THE ASSISTANT EXECUTIVE ENGINEER,
                KOCHI MUNICIPAL CORPORATION,
                ZONAL OFFICE, FORT KOCHI,
                ERNAKULAM P.O., PIN-682 001.

      3         THE ASSISTANT REVENUE OFFICER,
                REVENUE DIVISION,
                KOCHI MUNICIPAL CORPORATION,
                FORT KOCHI, PIN-682 001.

      4         VARGHESE JOHN,
                AGED 39 YEARS, S/O. JOHN ALBERT,
                SWISS DALE, K.J. HERSHEL ROAD,
                FORT KOCHI P.O.,
                PIN- 682 001.


                BY SRI.SHOBAN GEORGE, STANDING COUNSEL
                BY SRI.JANARDHANA SHENOY

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.6095 of 2021
                                                2




                                  W.P.(C)No.6095 of 2021

                          -----------------------------------------------

                                          JUDGMENT

Petitioner states that the fourth respondent has put up an

unauthorised construction in the property adjoining to the residential

property of the petitioner. Ext.P1 is the complaint lodged by the

petitioner in this regard on 28.05.2018. The grievance of the petitioner

in the writ petition concerns the delay on the part of the competent

authority of the Corporation in taking up and passing orders on Ext.P1

complaint. The petitioner, therefore, seeks appropriate directions in this

regard in the writ petition.

2. Heard the learned counsel for the petitioner as also the

learned Standing Counsel for the Corporation.

Having regard to the facts and circumstances of the case, I

deem it appropriate to dispose of the writ petition directing the

competent authority of the Corporation to consider and take appropriate

action on Ext.P1 complaint with notice to the petitioner as also the fourth

respondent. Ordered accordingly. This shall be done within one month.

Sd/-

P.B.SURESH KUMAR, JUDGE rkj W.P.(C)No.6095 of 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE COMPLAINT DATED 28.5.2018 SUBMITTED BEFORE THE 1ST RESPONDENT.

EXHIBIT P2 A TRUE COPY OF THE RECEIPT DATED 28.5.2018 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P3 A TRUE COPY OF THE RECEIPT DATED 28.5.2018 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P4 A TRUE COPY OF THE REMINDER DATED 29.11.2018 SUBMITTED BEFORE THE 2ND RESPONDENT.

EXHIBIT P5 A TRUE COPY OF THE LETTER DATED 30.12.2019 ISSUED BY THE SENIOR TOWN PLANNER.

EXHIBIT P6 A TRUE COPY OF THE LAWYER NOTICE DATED 20.3.2020.

EXHIBIT P7 A TRUE COPY OF THE REPLY LETTER DATED 1.8.2020.

EXHIBIT P8 A TRUE COPY OF THE ORDER DATED 17.12.2018 ISSUED BY THE PUBLIC INFORMATION APPELLATE AUTHORITY.

EXHIBIT P9 A TRUE COPY OF THE COMPLAINT DATED 14.12.2020 SUBMITTED BEFORE THE 2ND RESPONDENT.

EXHIBIT P10 A TRUE COPY OF THE RECEIPT DATED 15.12.2020.

EXHIBIT P11 A TRUE COPY OF THE COMPLAINT DATED 27.1.2021.

EXHIBIT P12 A TRUE COPY OF THE RECEIPT DATED 28.1.2021.

EXHIBIT P13 A TRUE COPY OF THE PETITION DATED 26.2.2021.

EXHIBIT P14 A TRUE COPY OF THE RECEIPT DATED 26.2.2021.