E.X.Titus vs Corporation Of Kochi
2022 Latest Caselaw 2555 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

                THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

         FRIDAY, THE 4TH DAY OF MARCH 2022 / 13TH PHALGUNA, 1943

                         WP(C) NO. 1855 OF 2013

PETITIONER/S:

           E.X.TITUS,
           AGED 58 YEARS,
           S/O.E.P XAVIER RESIDING AT 32/3023 ETTURUTHIL HOUSE, VENNALA
           P.O ERNAKULAM DISTRICT
           BY ADV SRI.M.TRIPTEN


RESPONDENT/S:

     1     CORPORATION OF KOCHI
           REPRESENTED BY ITS CHAIRMAN, CORPORATION COUNCIL
           CORPORATION OF KOCHI, ERNAKULAM
     2     CORPORATION OF KOCHI
           ERNAKULAM PIN 682 011, REPRESENTED BY ITS SECRETARY
     3     THE REVENUE OFFICER
           CORPORATION OF KOCHI ERNAKULAM PIN 682 011.
           BY ADVS.
           D.G.VIPIN
           SRI.S.CHANDRASENANSCCOCHIN CORPORATIO




           SRI.D.G.VIPIN,SC



      THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON

     04.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
  W.P.(C) No. 1855/2013                 :2:




                 Dated this the 4th day of March, 2022.

                                JUDGMENT

The petitioner has filed this writ petition seeking the following

reliefs:

1. Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents not to evict the petitioner from the shopping space in the ground floor in Cochin Corporation Vyttila Shopping Complex in South Block in Room No.1.

2. Issue a writ of mandamus or any other appropriate writ, order or direction calling for the records leading to Ext. P2 and quash the same as illegal.

3. Stay all further proceedings pursuant to Ext. P2.

4. To issue a direction to the 3 rd respondent to consider and pass Ext. P3 appeal within a time limit as fixed by this Hon'ble Court.

2. Apparently, the petitioner is the licencee of a room in the

shopping complex of the Corporation of Kochi, wherein he is

conducting an establishment namely 'Princy Tours and Travels' for the

past more than 19 years. While so, he was issued with Ext. P2 notice

dated 30.12.2012 stating that the petitioner has violated the terms

and conditions of the agreement executed by and between the

petitioner and the Corporation of Kochi. Apparently, the allegation in

Ext. P2 notice is subletting of the premises by the petitioner and

accordingly, the petitioner was directed to surrender vacant

possession of the shop room, especially due to the fact that in spite of

issuance of a show cause notice and receipt of the same, he has not

entered appearance and contest the proceedings.

3. Evidently, from the pleadings put forth by the petitioner, it is

clear that being aggrieved by Ext. P2, the petitioner has preferred Ext.

P3 appeal before the first respondent Corporation Council and the

same is pending consideration at the time of filing of the writ petition.

4. According to the petitioner, he has not sublet the premises as

is alleged in the notice. Anyhow, it is a factual circumstance, which

can only be deciphered by a fact finding body, after going through the

files and making due enquiries as per the Rules constituted for the

disposal of the property under the Kerala Municipality Act, 1994.

There are enough and more provisions to tackle the situation like this.

5. On a previous occasion, when the matter was placed before

me, I directed the learned Standing Counsel to take instructions in the

matter. Today, the learned Standing Counsel for the Corporation, on

instructions, submitted that the appeal is not yet disposed of. However,

the files are misplaced.

6. Anyhow, since the appeal is a statutory one, the Council has

to take a decision in terms of the provisions of Act, 1994 and the Rules

thereto. In that view of the matter, it is only appropriate that the writ

petition is disposed of with suitable directions.

Accordingly, this writ petition is disposed of directing the

Corporation Council of Kochi Municipal Corporation, the first

respondent, to finalise Ext. P3 appeal in accordance with law at the

earliest and at any rate within a month from the date of receipt of a

copy of this judgment, after providing a notice of hearing to the

petitioner.

sd/- SHAJI P. CHALY, JUDGE.

Rv

APPENDIX

PETITIONER'S EXHIBITS:

EXT.P1 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER DATED 21.12.2012 BEFORE THE 2ND RESPONDENT. EXT P2 TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT DATED 30.12.2012.

EXT.P3 TRUE COPY OF THE MEMORANDUM OF APPEAL FILED BEFORE THE 1ST RESPONDENT'S OFFICE DATED 14.01.2013. EXT.P4 TRUE COPY OF THE AGREEMENT EXECUTED BETWEEN THE PETITIONER AND 2ND RESPONDENT DATED 16.09.2011. EXT.P5 TRUE COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT DATED 21.12.2012.

RESPONDENTS' EXHIBITS: NIL

/True Copy/

P S To Judge.

rv