Mohankumar K.G vs The Kochi Municipal Corporation
2023 Latest Caselaw 199 Ker

Citation : 2023 Latest Caselaw 199 Ker
Judgement Date : 6 January, 2023

Kerala High Court

Mohankumar K.G vs The Kochi Municipal Corporation on 6 January, 2023

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
            THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
        FRIDAY, THE 6TH DAY OF JANUARY 2023 / 16TH POUSHA, 1944
                        WP(C) NO. 293 OF 2023
PETITIONERS:

    1       MOHANKUMAR K. G.
            AGED 63 YEARS
            S/O. K.GOPINATHAN NAIR,
            RESIDING AT VYSAKHAN, KOTTARAPARAMBIL,
            THAIKATTUKARA P. O., MUTTOM,
            ALUVA, ERNAKULAM
            PIN - 683 106.
    2       RATHEESAN P. P.
            AGED 69 YEARS
            S/O.PURUSHOTHAMAN, RESIDING AT POKKANCHERY HOUSE,
            VYSAKHAN, MARADU P. O.,
            ERNAKULAM, PIN - 682 304.
    3       SELVARAJ P. S.
            AGED 62 YEARS
            S/O. SUKUMARAN, PULLICAKAL HOUSE,
            KOOMBAYIL JETTY ROAD, S.N. JUNCTION,
            PANANGAD P. O., ERNAKULAM,
            PIN - 682 506.
    4       K.JAYAKUMAR
            AGED 63 YEARS
            S/O. KRISHNAPILLAI, PINDANIL HOUSE,
            NIRAVATHU ROAD, MARADU P. O.,
            ERNAKULAM, PIN - 682 304.
    5       C.K. JOSE
            AGED 67 YEARS
            S/O. KURIAN, CHIRAKAL HOUSE,
            KIDANGAOOR P. O., ANGAMALI,
            ERNAKULAM, PIN - 683 572.

            BY ADV SRI. T.RAJASEKHARAN NAIR
RESPONDENTS:

    1       THE KOCHI MUNICIPAL CORPORATION
            REPRESENTED BY ITS SECRETARY,
            COCHIN CORPORATION OFFICE,
            ERNAKULAM, PIN - 682 019.
    2       THE ASSISTANT EXECUTIVE ENGINEER
            COCHIN MUNICIPAL CORPORATION,
            VYTTILA ZONAL OFFICE,
            (ENGINEERING AND TOWN PLANNING ) VYTTILA,
            ERNAKULAM, PIN - 682 019.
 WP(C).No.293 OF 2023

                               2

    3     THE ASSISTANT ENGINEER
          LSGD, COCHIN MUNICIPAL CORPORATION,
          VYTTILA ZONAL-OFFICE,
          (ENGINEERING AND TOWN PLANNING),
          VYTTILA, ERNAKULAM,
          PIN - 682 019.

          SMT. VIDYA KURIAKOSE - GP
          SRI. VIPIN D.G - SC



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.293 OF 2023

                             3




                          JUDGMENT

The petitioners have approached this Court

challenging Exts.P6 and P8 notices whereby coercive

actions have been proposed against them alleging

that they have carried out the construction in breach

of licensing provisions under the Kerala Municipality

Act, 1994.

2. The learned counsel for the petitioners

submits that though the petitioners have submitted

Ext.P7 explanation to Ext.P6 notice, Ext.P8 has been

issued to them threatening coercive action.

3. Heard Sri.T.Rajasekharan Nair, the learned

counsel for the petitioners and Sri.D.G.Vipin, the

learned Standing Counsel for the respondents.

4. Since Exts.P6 and P8 are only notices and WP(C).No.293 OF 2023

the petitioners have already submitted Ext.P7

explanation, there will be a direction to the 2 nd

respondent to consider Ext.P7 with notice to the

petitioners and the complainant referred to in Ext.P6

and orders shall be passed within a period of one

month from the date of receipt of a copy of this

judgment. Till orders are passed as above, there

shall not be any coercive steps against the petitioners

pursuant to Exts.P6 and P8.

The writ petition is disposed of with the above

direction.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

SPR WP(C).No.293 OF 2023

APPENDIX PETITIONER EXHIBITS:-

EXHIBIT P1 A TRUE PHOTOCOPY OF THE SALE DEED EXECUTED IN FAVOUR OF THE PETITIONERS ON 28.07.2000.

EXHIBIT P2 A TRUE PHOTOCOPY OF THE LICENCE ISSUED BY THE CORPORATION IN FAVOUR OF THE PETITIONER DTD.08.11.2000.

EXHIBIT P3 A TRUE PHOTOCOPY OF THE INVITATION LETTER PUBLISHED DURING THE YEAR 2000. EXHIBIT P4 A TRUE PHOTOCOPY OF THE RECEIPT SHOWING THE RENEWAL OF THE LICENCE ISSUED ON 25.02.2022.

EXHIBIT P5 A TRUE PHOTOCOPY OF THE RECEIPT SHOWING THE REMITTANCE OF BUILDING TAX. EXHIBIT P6 A TRUE PHOTOCOPY OF THE NOTICE DATED 14.10.2022 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P7 A TRUE PHOTOCOPY OF THE EXPLANATION SUBMITTED BY ONE OF THE PETITIONER DATED 08.11.2022.

EXHIBIT P8 A TRUE PHOTOCOPY OF THE NOTICE DATED 20.12.2022 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P9 A TRUE PHOTOCOPY OF THE LETTER DATED 06.03.2021 SUBMITTED THE 2ND RESPONDENT BY ONE BINISH KOYAKKAL.