Kerala High Court
Mohammed Thameem vs Greater Cochin Development ... on 24 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 24TH DAY OF SEPTEMBER 2021 / 2ND ASWINA, 1943
WP(C) NO. 19989 OF 2021
PETITIONERS:
MOHAMMED THAMEEM
AGED 65 YEARS
S/O.KADAR K.B., RESIDING AT KUZHIVELI VEETTIL,
PALLIPARAMBIL LANE,
NEAR JAWAHAR LAL NEHRU INTERNATIONAL STADIUM,
KALOOR, ERNAKULAM 682 017
BY ADVS.
C.A.MAJEED
K.H.ASIF
MOLTY MAJEED
P.B.UNNIKRISHNAN NAIR
RUBEN GEORGE ROCK
RESPONDENTS:
1 GREATER COCHIN DEVELOPMENT AUTHORITY (GCDA)
REP.BY IT'S SECRETARY, SAHODARAN AYYAPAN ROAD,
KOCHI 682 020
2 THE SECRETARY
GREATER COCHIN DEVELOPMENT AUTHORITY (GCDA),
SAHODARAN AYYAPAN ROAD, KOCHI 682 020
SRI. VIPIN P. VARGHESE, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 19989 OF 2021
2
P.V.KUNHIKRISHNAN, J.
===================
WP(C) No. 19989 OF 2021
===================
Dated this the 24th day of September 2021
JUDGMENT
The above writ petition is filed with the following
prayers;
" i. To issue a writ of mandamus or any
other writ, order or direction, directing the
respondents to allot the shop room bearing
No.CC/39/1844 (B-1105 A) to the petitioner.
ii. To issue a writ of mandamus or any
other writ, order or direction, directing the
respondents to consider Ext.P6 representation
within a stipulated time as fixed by this Hon'ble
Court.
iii. To pass such other writ, order or
direction as prayed for by the petitioners in due
course which shall be just and proper.
iv. To award the cost of the petitioner."
2. According to the petitioner, he is running a
restaurant by name "Stadium Restaurant" since 2015 in
WP(C) NO. 19989 OF 2021
shop room bearing No. CC/39/1844 within the premises of
Jawahar Lal Nehru International Stadium, Kaloor, in the
stadium complex of the respondent, which is within the
territorial limits of the corporation of Cochin. The petitioner
submitted Ext.P6 representation before the 2nd respondent
with a prayer that the above shop room may be allotted in
his favour. Admittedly, the shop room was given to one
Smt. Teresa Antony by the respondents. According to the
petitioner, the lease period of Smt. Teresa Antony is already
over. I don't want to make any observations about the merit
of the case. Since the limited prayer of the petitioner is only
to issue direction to the 2 nd respondent to consider Ext.P6, I
think that prayer can be allowed on condition that the 2 nd
respondent will hear Smt. Teresa Antony also before passing
final order.
Therefore this writ petition is disposed of in the
following manner.
WP(C) NO. 19989 OF 2021
1. The 2nd respondent is directed to consider and
pass appropriate orders in Ext.P6 representation, as
expeditiously as possible, at any rate, within a period of one
month from the date of receipt of a copy of this judgment.
2. Before passing final order in Ext.P6 representation
the 2nd respondent will hear the petitioner and Smt. Teresa
Antony.
(Sd/-)
P.V.KUNHIKRISHNAN
JUDGE
LU
WP(C) NO. 19989 OF 2021
APPENDIX OF WP(C) 19989/2021
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF PROPERTY TAX RECEIPT
DATED 26.3.2021 SHOWING POSSESSION OF
THE ROOM BY PETITIONER
Exhibit P2 A TRUE COPY OF THE PROFESSION TAX
RECEIPT DATED 3.2.2021 SHOWING
REMITTANCE BY THE PETITIONER
Exhibit P3 A TRUE COPY OF CERTIFICATE OF
REGISTRATION ISSUED BY COMMISSIONERATE
OF FOOD SAFETY DATED 21.10.2020
Exhibit P4 A TRUE COPY OF THE ORDER DARTED
12.4.2017 IN I.A.932/2017 IN OS 143/2017
OF THE COURT OF IST ADDITIONAL MUNSIFF,
ERNAKULAM.
Exhibit P5 A PHOTOCOPY OF THE GAS SUBSCRIPTION
VOUCHER DATED 29.2.2016 ISSUED BY BHARAT
PETROLEUM CORPORATION LIMITED IN FAVOUR
OF THE PETITIONER
Exhibit P6 A PHOTOCOPY OF THE REPRESENTATION DATED
23.7.2021 PREFERRED BY THE PETITIONER.
// True Copy // PA To Judge
