V.R.Jayadevan vs Kochi Municipal Corporation
2022 Latest Caselaw 9721 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
  FRIDAY, THE 26TH DAY OF AUGUST 2022 / 4TH BHADRA, 1944
                    WP(C) NO. 27588 OF 2022
PETITIONER

           V.R.JAYADEVAN,
           AGED 54 YEARS
           S/O LATE SRI.P.RAMANUJAM, RESIDING AT 62/4252
           (OLD NO.39/493), 'KALYANI', VIVEKANANDA ROAD,
           KARACKAMURI, ERNAKULAM, KOCHI-682011.

           BY ADVS.
           SANTHOSH MATHEW
           ARUN THOMAS

RESPONDENTS

    1      KOCHI MUNICIPAL CORPORATION,
           CORPORATION OFFICE, MARINE DRIVE, KOCHI-682011,
           KERALA, REPRESENTED BY ITS SECRETARY.

    2      THE SECRETARY, KOCHI MUNICIPAL CORPORATION,
           CORPORATION OFFICE, MARINE DRIVE,
           KOCHI-682011, KERALA.

    3      SRI.BABU PAUL,
           RESIDING AT 62/4253,
           PIOUS COTTAGE, VIVEKANANDA ROAD, KARACKAMURI,
           ERNAKULAM, KOCHI-682011.
 W.P(C) No.27588 of 2022    2
]
    4     SMT.SARAMMA BABU PAUL,
          W/O BABU PAUL, RESIDING AT 62/4253,
          PIOUS COTTAGE, VIVEKANANDA ROAD, KARACKAMURI,
          ERNAKULAM,
          KOCHI-682011.

          BY ADV SHRI.K.JANARDHANA SHENOY, SC, KOCHI
          MUNICIPAL CORPORATION

     THIS WRIT PETITION     (CIVIL) HAVING COME UP        FOR
ADMISSION ON 26.08.2022,    THE COURT ON THE SAME         DAY
DELIVERED THE FOLLOWING:
 W.P(C) No.27588 of 2022         3
]


                          JUDGMENT

Dated this the 26th day of August, 2022

The petitioner is the owner of a residential house situated

in Survey No.544/9 and 10 of Ernakulam Village. The petitioner

is before this Court aggrieved by the illegal construction carried

out by the 3rd and 4th respondents without maintaining statutory

set back.

2. The petitioner has filed Ext.P1 complaint before the

Secretary to the Corporation in this regard. Acting upon Ext.P1

complaint, the Secretary has issued Ext.P2 notice to

respondents 3 and 4 requiring them to demolish the

unauthorised construction.

3. The grievance of the petitioner is that inspite of Ext.P2

notice which was issued on 08.11.2021, respondents 3 and 4

have not demolished the unauthorised construction and the

Corporation Authorities are sitting over the issue.

]

4. The Standing Counsel entered appearance and

submitted that on the basis of the complaint made by the

petitioner, the Corporation Authorities have already taken steps

and issued Ext.P2 notice. Subsequently, a hearing notice was

given on 30.05.2022. The Corporation will be passing

appropriate orders in due course of time.

5. I have heard the learned counsel for the petitioner and

the learned Standing Counsel representing respondents 1 and

2. In view of the nature of the relief to be granted in this writ

petition, notice to respondents 3 and 4 is dispensed with.

6. The petitioner has filed Ext.P1 complaint alleging

unauthorised construction by respondents 3 and 4. Based on

the complaint of the petitioner, the Corporation Authorities have

issued Ext.P2 notice to respondents 3 and 4. A hearing notice

was also given to the 4th respondent.

In view of the above, the writ petition is disposed of

directing respondents 1 and 2 to finalise the proceedings

initiated as per Ext.P2 in compliance of the principles of natural

] justice and orders shall be passed in this regard within a period

of three weeks.

Sd/-

N. NAGARESH, JUDGE smm/29.08.2022

]

APPENDIX OF WP(C) 27588/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE COMPLAINT DATED 24-8-

2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

Exhibit P2 TRUE COPY OF THE NOTICE DATED 8-11-2021 ISSUED BY THE RESPONDENT CORPORATION TO RESPONDENTS 3 AND 4.

Exhibit P3 PHOTOGRAPHS SHOWING THE CONSTRUCTION MADE BY THE RESPONDENTS 3 AND 4.

Exhibit P4 TRUE COPY OF THE NOTICE ISSUED BY THE RESPONDENT CORPORATION TO THE PETITIONER DATED 30-5-2022.