Shafeek vs Corporation Of Cochin
2022 Latest Caselaw 9988 Ker

WP(C) NO. 25174 OF 2013            1



                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     WEDNESDAY, THE 31ST DAY OF AUGUST 2022 / 9TH BHADRA, 1944
                          WP(C) NO. 25174 OF 2013
PETITIONER/S:
          SHAFEEK
          AGED 40 YEARS
          S/O ABU, 2292 A VALIYAVEETTIL HOUSE, ERNAKULAM KOCHI
          18

               BY ADVS.
               SRI.I.DINESH MENON
               SRI.L.RAJESH NARAYAN


RESPONDENT/S:
     1    CORPORATION OF COCHIN
          ERNAKULAM 682011 REPRESENTED BY ITS SECRETARY

      2        HEALTH INSPECTOR
               CORPORATION OF COCHIN, ERNAKULAM 682011

               BY ADV SRI.K.ANAND, SC, COCHIN CORPN.


OTHER PRESENT:

               SRI.R.HARISHANKAR, SC

     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. 25174 OF 2013                   2




                        P.V.KUNHIKRISHNAN, J
                    ---------------------------------------
                       W.P.(C) No.25174 of 2013
                     --------------------------------------
                Dated this the 31st day of August, 2022


                                    JUDGMENT

The above writ petition is filed with following prayers :

(i) Issue a writ in the nature of certiorari or any other appropriate writ, order or direction calling for the records leading to Exts.P6 and P7 and quash the same.

(ii) Issue a writ in the nature of Mandamus or any other appropriate Writ, Order or direction commanding the respondents to keep further proceedings pursuant to Exts.P6 & P7 in abeyance till such time the petitioner approaches the Tribunal for Local Self Government and obtains orders there from.

(iii) Issue a writ in the nature of Mandamus or any other appropriate Writ, order or direction commanding the respondents to forthwith permit the petitioner to conduct the hotel in the premises covered by the permit forthwith.

(iv) Pass such other orders as this Hon'ble Court deems fit in

the facts and circumstances of the case." [SIC]

2. When this writ petition came up for consideration on

11.10.2013, this Court passed the following order :

"Adv.P.K.Soyuz takes notice for respondents. There shall be an interim direction to the Corporation not to demolish the truss work put up by the petitioner on the third floor of his building provided the petitioner clears the area of all utensils and other articles placed therein and does not conduct a restaurant in the premises.

Hand over a copy of this order to the counsel on both sides."

3. When this writ petition came up for consideration on

30.8.2022, there was no representation for the petitioner. Today

also, there is no representation. The petitioner is challenging

Exts.P6 and P7 orders. If the petitioner is aggrieved by the

same, the petitioner is free to approach the Corporation with

appropriate representation. Moreover, Ext.P6 is only a notice

under Sec.406(1) of the Kerala Municipality Act. The petitioner

is free to approach the Municipality, if there is any surviving

grievance.

With the above observation, this writ petition is closed.

SD/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 25174/2013

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE AGREEMENT DATED 23-09-2013

EXHIBIT P2 TRUE COPY OF THE TAX RECEIPT DATED 22-12-2012

EXHIBIT P3 TRUE COPY OF THE BUILDING PERMIT DATED 21-03-2009

EXHIBIT P4 TRUE COPY OF THE RECEIPT EVIDENCING PAYMENT OF LICENSE FEES DATED 04-10-2013

EXHIBIT P5 TRUE COPY OF THE INVITATION CARD

EXHIBIT P6 TRUE COPY OF THE ORDER DATED 08- 10-2013 BEARING NO MOPI/28127/13

EXHIBIT P7 TRUE COPY OF THE ORDER 10-10-