Pramod P.Thevannoor vs Greather Cochin Development ...
2022 Latest Caselaw 2174 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
   THURSDAY, THE 24TH DAY OF FEBRUARY 2022 / 5TH PHALGUNA, 1943
                         WP(C) NO. 1942 OF 2013
PETITIONER/S:


    1     PRAMOD P.THEVANNOOR,
          FLAT NO.5A, "SWAPNIL ENCLAVE",
          MARINE DRIVE, HIGH COURT JUNCTION,KOCHI - 682031.

    2     SAMIH HAMSA, FLAT NO.9A, "SWAPNIL ENCLAVE", MARINE
          DRIVE, HIGH COURT JUNCTION, KOCHI - 682031.

          BY ADVS.
          SRI.P.BENNY THOMAS
          SRI.M.GOPIKRISHNAN NAMBIAR
          SRI.K.JOHN MATHAI


RESPONDENT/S:


    1     GREATHER COCHIN DEVELOPMENT AUTHORITY(GCDA)
          REPRESENTED BY ITS SECRETARY,GCDA COMPLEX,
          KADAVANTHARA, COCHIN- 682 020.

    2     CORPORATION OF COCHIN
          REPRESENTED BY ITS SECRETARY,OFFICE OF THE COCHIN
          CORPORATION,ERNAKULAM, COCHIN - 682 011.

    3     THE EXECUTIVE ENGINEER
          GAS INSULATED 66 KV SUB STATION (GIS),
          TRANSMISSION DIVISION,
          KERALA STATE ELECTRICITY BOARD,
          MARINE DRIVE, COCHIN - 682 031.

          BY ADVS.
          SRI.M.K.THANKAPPAN, SC, GCDA
          SOBHAN GEORGE
          SRI.N.RAPHY RAJ, SC, KERALA STATE ELECTRICITY BOARD
          LIMITED
          SRI.VIPIN P.VARGHESE, SC, GCDA

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 1942 OF 2013                  ..2..




                          JUDGMENT

The writ petition is filed for the following reliefs:

(i) issue a writ of mandamus or any other appropriate writ, order or direction commanding the 1st respondent to immediately stop the construction of shops on the southern side of the Junkar Jetty Road (road leading from Shanmugham Road to the Junkar Jetty- Walkway) on the southern side of the building known as "Swapnil Enclave" and further to remove the foundations etc., which have been laid and to restore the road to its former condition;

(ii) issue an order of injunction restraining the 1st respondent from effecting any construction either temporary or permanent on the Junkar Jetty Road (road leading from Shanmugham Road to the Junkar Jetty/Walkway) on the southern side of the WP(C) NO. 1942 OF 2013 ..3..

building known as "Swapnil Enclave";

(iii) declare that any construction effected / commenced by the 1st respondent on the Junkar Jetty Road (road leading from Shanmugham Road to the Junkar Jetty / Walkway) without obtaining permission from the 2nd respondent is illegal and arbitrary;

(iv) declare that the Junkar Jetty Road (road leading from Shanmugham Road to the Junkar Jetty / Walkway) is a road which vests in the Corporation of Kochi by virtue of the provisions contained in Section 207 of the Kerala Municipality Act, 1994 and that the 1st respondent does not retain any right over the said road;

2. When the writ petition came up for further

consideration today, Sri.N.K.Thankappan, learned

Standing Counsel for the GCDA on instructins submits

that the structures erected has been removed and the WP(C) NO. 1942 OF 2013 ..4..

GCDA has dropped the plan to carry out any

constructions at the side of Junkar Jetty Road.

Recording the said submission, the writ petition is

closed.

Sd/-

                          MURALI PURUSHOTHAMAN
                                   JUDGE
SB/24/02/2022
 WP(C) NO. 1942 OF 2013          ..5..




                         APPENDIX

PETITIONERS EXHIBITS

EXT.P1 TRUE COPY OF THE SITE PLAN SUBMITTED BY M/S.TENET HOMES AND RESORTS PRIVATE LIMITED TO THE 2ND RESPONDENT AND WHICH FORMS PART OF THE APPROVED PLAN FOR THE BUILDING (UNDER THE KERALA MUNICIPALITY BUILDING RULES, 1999)

EXT.P2 PHOTOGRAPHS OF THE CONSTRUCTION ACTIVITIES CARRIED OUT AT THE INSTANCE OF THE 1ST RESPONDENT

EXT.P3 PHOTOGRAPHS OF THE CONSTRUCTION ACTIVITIES CARRIED OUT AT THE INSTANCE OF THE 1ST RESPONDENT

EXT.P4 A TRUE COPY OF LETTER BEARING NO.TDE/DB/18/MARINE DRIVE/12-12/1667, DATED 09.01.2013 FROM THE 3RD RESPONDENT TO THE CHAIRMAN OF THE 1ST RESPONDENT

RESPONDENTS EXHIBITS:

EXT.R1(A) PHOTOCOPY OF THE MASTER PLAN

EXT.R1(B) PHOTOCOPY OF THE BUILDING PERMIT ISSUED BY THE 2ND RESPONDENT