Sree Bhuvaneshwari Temple Trust vs The Cochin Corporation
2022 Latest Caselaw 1938 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         FRIDAY, THE 18TH DAY OF FEBRUARY 2022 / 29TH MAGHA, 1943
                         WP(C) NO. 5486 OF 2022
PETITIONERS:

     1       SREE BHUVANESHWARI TEMPLE TRUST
             POONITHURA, REP BY TRUSTEE, V.R.RAJASEKHARAN NAIR,
             S/O.V.N.RAMAN NAIR, AGED 61, GENERAL SECRETARY,
             VISHWA HINDU PARISHAD KERALA, KENDRA KARYALAYA,
             PAVAKKULAM TEMPLE COMPLEX, KALOOR, KOCHI-682 017
     2       VIJI THAMPI,
             TRUSTEE, SREE BHUVANESHWARI TEMPLE TRUST & PRESIDENT,
             VISHWA HINDU PARISHAD KERALA, KENDRA KARYALAYA,
             PAVAKKULAM TEMPLE COMPLEX, KALOOR, KOCHI-682 017
     3       P.SREENIVASA PRABHU
             TRUSTEE, SREE BHUVANESHWARI TEMPLE TRUST & TREASURER,
             VISHWA HINDU PARISHAD KERALA, KENDRA KARYALAYA,
             PAVAKKULAM TEMPLE COMPLEX, KALOOR, KOCHI-682 017
             BY ADVS.
             C.S.MANILAL
             S.NIDHEESH
RESPONDENTS:

     1       THE COCHIN CORPORATION
             REP BY THE SECRETARY, CORPORATION OFFICE,
             ERNAKULAM-682 011
     2       THE SECRETARY,
             COCHIN CORPORATION, CORPORATION OFFICE,
             ERNAKULAM, -682 011
     3       SUBRAMANIAN
             S/O. NARAYANAN, CHAMBAKKARAYIL HOUSE,
             NEAR SREE VAISHNAVA GANDHARVA TEMPLE,
             POONITHURA VILLAGE, CHAMBAKKARA, ERNAKULAM-682 038
     4       SUNIL KUMAR,
             S/O. SUBRAMANIAN, CHAMBAKKARAYIL HOUSE,
             NEAR SREE VAISHNAVA GANDHARVA TEMPLE,
             POONITHURA VILLAGE, CHAMBAKKARA, ERNAKULAM-682 038
             SRI.K.JANARDHANA SHENOY, SC, KOCHI MUNICIPAL CORPORATION
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 5486 OF 2022

                                         2


                                  JUDGMENT

Dated this the 18th day of February, 2022

This writ petition is filed seeking the following prayers:

"(i) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the 2nd respondent to stop the illegal construction and to demolish the same as referred to in Ext.P5 immediately within a time frame to be fixed by this Hon'ble Court.

(ii) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents No.2 to consider and pass orders on Ext.P4 and P5 immediately within a time limit to be fixed by this Hon'ble court."

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

standing counsel appearing for the Corporation. In view of the directions

being issued, notice to respondents 3 and 4 is dispensed with.

3. It is submitted by the learned counsel for the petitioners that the

petitioners are the present owners in possession of about 70 cents of

property in Poonithura Village and that respondents 3 and 4 have

submitted an application for a building permit showing a portion of the

property of the petitioners as included in their property. It is submitted that

the building permit issued is, therefore, erroneous since the details given WP(C) NO. 5486 OF 2022

therein are incorrect. The petitioners have submitted Exts.P4 and P5

representations before the Secretary and seek a consideration thereof with

notice to the petitioners.

4. Having considered the contentions advanced and in view of the fact

that what is raised is a factual dispute, there will be a direction to the 2nd

respondent to take up Exts.P4 and P5 representations submitted by the

petitioners and to consider and pass orders on the same, with notice to the

petitioners as well as respondents 3 and 4 and after hearing them, through

any appropriate means, including video conferencing. Appropriate steps

shall be taken within a period of one month from the date of receipt of a

copy of this judgment. It is made clear that this Court has not considered

the issue on merits and has expressed no opinion on merits.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 5486 OF 2022

APPENDIX OF WP(C) 5486/2022

PETITIONERS' EXHIBITS:

Exhibit P1 TRUE COPY OF THE DEED OF APPOINTMENT DATED 27.6.1992 Exhibit P2 TRUE COPY OF THE DEED OF SETTLEMENT DATED 15.5.2003 Exhibit P3 TRUE COPY OF THE LAND TAX RECEIPT DATED 30.7.2021 Exhibit P4 TRUE COPY OF THE COMPLAINT GIVEN TO THE 2ND RESPONDENT ALONG WITH RECEIPT DATED 13.7.2021 Exhibit P5 TRUE COPY OF THE COMPLAINT GIVEN TO THE 2ND RESPONDENT ALONG WITH RECEIPTS DATED 16.12.2021 RESPONDENTS' EXHIBITS: NIL