Babu Joseph vs Corporation Of Kochi
2021 Latest Caselaw 21680 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    TUESDAY, THE 2ND DAY OF NOVEMBER 2021 / 11TH KARTHIKA, 1943
                        WP(C) NO. 23810 OF 2021
PETITIONER:

          BABU JOSEPH
          AGED 46 YEARS
          S/O. CHEEKU JOSEPH, ADIMURI HOUSE, PONOTH ROAD, KALOOR,
          ERNAKULAM - 682017.

          BY ADV C.S.UMAR FAROOK



RESPONDENTS:

    1     CORPORATION OF KOCHI
          REPRESENTED BY THE SECRETARY, ERNAKULAM - 682011.

    2     THE SECRETARY
          CORPORATION OF KOCHI, ERNAKULAM - 682011.

    3     DOMINIC ANTONY
          S/O. LATE N. M. ANTONY, NELLIKKAMPARAMBIL, KOCHAL
          MADAPPAT ROAD, MANJUMMAL, EROOR,
          ERNAKULAM DISTRICT - 683501.

    4     JEROM CHAMMANIKKADATH
          PARISH PRIEST, ST FRANSIS XAVIERS CHURCH,
          KATRIKKADAVU, KALOOR - 682 017.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 23810 OF 2021

                                           2




                                     JUDGMENT

This writ petition is filed seeking the following relief:

"To direct the 2nd respondent to consider and dispose Exhibit P2 representation by providing an opportunity of hearing to the petitioner, within a time frame fixed by this Hon'ble Court."

2. Heard the learned counsel for the petitioner and the learned

Standing Counsel appearing for respondents 1 and 2. In view of the

direction being issued, notice to respondents 3 and 4 is dispensed

with.

3. The learned counsel for the petitioner submits that the 3rd

respondent has constructed a building unauthorisedly, violating the

statutory provisions and that a commercial establishment is also

functioning in the said building without licence from the

Municipality.

Without expressing any view on the merits of the matter, there

will be a direction to the 2nd respondent to take up Ext.P2

representation submitted by the petitioner and to consider and pass

orders on the same, after hearing the petitioner, respondents 3 and 4

and any other affected parties, through any appropriate means, WP(C) NO. 23810 OF 2021

including video conferencing, within a period of six weeks from the

date of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C) NO. 23810 OF 2021

APPENDIX OF WP(C) 23810/2021

PETITIONER EXHIBITS

Exhibit P1 INFORMATION ISSUED BY THE 1ST RESPONDENT SHOWING THAT NO LICENSE HAS BEEN ISSUED TO 3RD RESPONDENT.

Exhibit P2 REPRESENTATION SUBMITTED BEFORE THE 2ND RESPONDENT SEEKING EXPEDITE ACTION TO STOP THE ILLEGAL FUNCTIONING AND TO DEMOLISH THE UNAUTHORIZED CONSTRUCTION.

Exhibit P3 RECEIPT ISSUED BY THE 1ST RESPONDENT.