Sunil K.K vs The Secretary, Corporation Of ...
2022 Latest Caselaw 9883 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
 WEDNESDAY, THE 31ST DAY OF AUGUST 2022 / 9TH BHADRA, 1944
                     WP(C) NO. 27370 OF 2022
PETITIONER:

            SUNIL K.K.,
            AGED 46 YEARS
            S/O. KUTTAPPAN K N,
            BUSINESS, KALAPPURAYIL HOUSE,
            ENANAELLOOR KARA, AYAVANA PO,
            ERNAKULAM, PIN-686 668.

            BY ADV SHIJU VARGHESE


RESPONDENTS:

    1       THE SECRETARY, CORPORATION OF KOCHI,
            ERNAKULAM, KOCHI-682011.
    2       CORPORATION OF KOCHI,
            REPRESENTED BY ITS SECRETARY,
            ERNAKULAM, KOCHI- 682011.
    3       SANTHOSH MATHEW,
            S/O MATHEW, AGED 54, NO.5, GIRINAGAR,
            KADAVANTHRA, ELAMKULAM VILLAGE,
            KANAYANNUR TALUK, ERNAKULAM DISTRICT.
    4       THE STATION HOUSE OFFICER,
            KADAVANTHRA POLICE STATION,
            KOCHI- PIN 682037.

            SRI.SYAMANTHAK B S, GP
            SHEHEERA P.Y(SC)-R1 AND R2


     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   31.08.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO.27370 OF 2022



                               2




                             JUDGMENT

Dated this the 31st day of August, 2022

The petitioner, who is a tenant of Room

Nos.CC54/3527A and CC54/3527B situated at Kadavanthra

and owned by the 3rd respondent, has approached this Court

seeking to direct respondents 1 and 2 to take necessary

actions on the basis of Ext.P7 complaint dated 10.03.2022

submitted by the petitioner.

2. The grievance of the petitioner is that the

3rd respondent with an intention to create evidence through a

stranger, attempted to obtain a licence for conducting

business in the rooms leased out to the petitioner. The

petitioner therefore submitted Ext.P7 representation before

the 1st respondent-Secretary to the Corporation. The limited

prayer of the petitioner is to direct the 1st respondent to WP(C) NO.27370 OF 2022

dispose of Ext.P7.

3. I have heard the learned counsel for the petitioner,

Smt.Sheheera.P.Y, the learned Standing Counsel

representing respondents 1 and 2 and the learned

Government Pleader representing the 4th respondent. Notice

to the 3rd respondent is dispensed with in view of the nature of

the relief to be granted in the writ petition.

In the facts and reasons stated as above, the writ

petition is disposed of directing the 1st respondent-Secretary

to the Corporation to consider Ext.P7 application submitted by

the petitioner, with notice to the 3 rd respondent and to take

appropriate decision thereon, within a period of two months.

Sd/-

N.NAGARESH JUDGE spk WP(C) NO.27370 OF 2022

APPENDIX OF WP(C) 27370/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LEASE AGREEMENT DATED 20.2.2020.

Exhibit P2 TRUE COPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. Exhibit P3 TRUE COPY OF THE REPLY ISSUED BY THE PETITIONER DATED 09.12.2020.

Exhibit P4 TRUE COPY OF THE ORDER IN IA NO.

5/2021 DATED 3.2.2021 OF THE MUNSIFF'S COURT, ERNAKULAM.

Exhibit P5 TRUE COPY OF THE COMMON JUDGMENT IN CMA NO. 10/2021 AND CMA NO. 11/2021 DATED 9.8.2021 OF THE HON'BLE DISTRICT COURT, ERNAKULAM.

Exhibit P6 TRUE COPY OF THE INTERIM ORDER IN OP CIVIL NO. 1667/2021 DATED 30.9.2021. Exhibit P7 TRUE COPY OF THE APPLICATION SUBMITTED BEFORE THE 1STRESPONDENT DATED 10.3.2022.

Exhibit P8 TRUE COPY OF THE RECEIPT ISSUED BY THE 1ST RESPONDENT DATED 14.3.2022.

RESPONDENT'S/S EXHIBITS : NIL