P. K. Kurien vs State Of Kerala
2023 Latest Caselaw 6380 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     TUESDAY, THE 13TH DAY OF JUNE 2023 / 23RD JYAISHTA, 1945
                        WP(C) NO. 18692 OF 2023
PETITIONER:

          P. K. KURIEN
          AGED 62 YEARS
          S/O KOCHAPPAN, BUSINESS, PADIKALA HOUSE,
          BEENA ANCHUMANA ROAD, EDAPPALLY P. O.,
          ERNAKULAM - 682024
          BY ADV ROSHIN IPE JOSEPH


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY SECRETARY TO GOVERNMENT,
          LOCAL SELF GOVERNMENT (URBAN) DEPARTMENT,
          ROOM NO.201A, 2ND FLOOR, ANNEX I, SECRETARIAT,
          THIRUVANANTHAPURAM - 695001.
    2     GREATER COCHIN DEVELOPMENT AUTHORITY
          REPRESENTED BY ITS SECRETARY, GREATER COCHIN
          DEVELOPMENT AUTHORITY, KADAVANTHRA,
          ERNAKULAM - 682020


          SRI.B.S.SYAMANTAK, GP
          SRI.VIPIN.P.VARGHESE, SC



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 18692 OF 2023


                                  2




               P.V.KUNHIKRISHNAN, J.
              ------------------------------
              W.P.(C)No. 18692 of 2023
      ----------------------------------------------
       Dated this the 13th day of June, 2023


                          JUDGMENT

The above writ petition is filed with the following

prayers:

"(A) Declare that Second Respondent is not entitled to confine the proceedings under Ext.P1 to Petitioner alone;

(B) Issue a writ in the nature of certiorari or any appropriate writ, order or direction, calling for the records leading to Ext.P15 and set aside the same;

(C) Declare that Petitioner is entitled to the benefit of rent exemption granted under Ext.P6 issued by First Respondent;

(D) Issue a writ in the nature of mandamus or any appropriate writ, order or direction, directing Second Respondent to grant the Petitioner the benefit of rent exemption granted under Ext.P6 by First Respondent;

(E) Issue a writ in the nature of prohibition WP(C) NO. 18692 OF 2023

or any appropriate writ, order or direction, prohibiting Second Respondent from demanding rent which is exempted under Ext.P6 issued by First Respondent, from the Petitioner;

(F) Issue such other appropriate relief or direction which this Hon'ble Court deems fit in the facts and circumstances of this case; and (G) Permit the petitioner to realize the costs of this proceeding from the respondents."[SIC]

2. The petitioner is a lessee under the 2nd

respondent which is under the control of the 1 st

respondent. It is the case of the petitioner that, he is

conducting a jewellery business. The grievance of the

petitioner is that, Ext.P15 is issued to the petitioner to

demolish a portion of the building and the same is

issued without giving sufficient opportunity of hearing

to the petitioner. Hence, challenging Ext.P15, this

writ petition is filed.

3. Heard the learned counsel appearing for the WP(C) NO. 18692 OF 2023

petitioner, the learned Government Pleader and the

learned Standing Counsel appearing for the 2nd

respondent.

4. Counsel for the petitioner reiterated the

contentions raised in this writ petition. The Standing

Counsel appearing for the GCDA submitted that,

actually the demolition notice is issued not to

demolish the building but to demolish the illegal

construction made in the common area.

5. I don't want to make any observation about

the merit of the case. These are matters to be

considered by the GCDA. The main grievance of the

petitioner is that, the petitioner is not given a proper

opportunity of hearing before passing Ext.P15. If that

be the case, the petitioner can submit his objection to

Ext.P15 within a time frame and there can be a

direction to the GCDA to consider the same and till WP(C) NO. 18692 OF 2023

then all further coercive steps based on Ext.P15 can

be deferred.

Therefore, this writ petition is disposed of in the

following manner:

i. The petitioner is free to submit his

objection to Ext.P15 before the 2nd respondent,

within a period of two weeks from the date of

receipt of a certified copy of this judgment.

ii. Once such an objection is received, the

2nd respondent will consider the same, after giving

an opportunity of hearing to the petitioner and

pass appropriate orders in it, as expeditiously as

possible, at any rate, within a period of two

months from the date of receipt of the objection.

iii. Till final orders are passed as directed

above, on condition that the petitioner submit the

objection as directed above, further proceedings WP(C) NO. 18692 OF 2023

based on Ext.P15 shall be deferred.

iv. Petitioner will produce a certified copy

of this judgment along with a copy of the writ

petition before the 2nd respondent for compliance.

Sd/-

P.V.KUNHIKRISHNAN DM JUDGE WP(C) NO. 18692 OF 2023

APPENDIX OF WP(C) 18692/2023

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE NOTICE BEARING NO.661/ESTATE/B-4/2018/GCDA DATED 24-4-2018 ISSUED BY SECOND RESPONDENT TO THE PETITIONER EXHIBIT P2 TRUE COPY OF G. O. (MS) NO.1278/2020/LSGD DATED 29-6-2020 ISSUED BY FIRST RESPONDENT EXHIBIT P3 TRUE COPY OF G. O. (MS) NO.1015/2021/LSGD DATED 19-5-2021 ISSUED BY FIRST RESPONDENT EXHIBIT P4 TRUE COPY OF FIFTEENTH KERALA LEGISLATIVE ASSEMBLY SECOND SESSION BULLETIN - PART I DATED 30-7-2021 EXHIBIT P5 TRUE COPY OF G. O. (MS) NO.115/2021/FIN DATED 30-09-2021 ISSUED BY ADDITIONAL CHIEF SECRETARY (FINANCE), GOVERNMENT OF KERALA EXHIBIT P6 TRUE COPY OF G.O.(MS) NO.2410/2022/LSGD DATED 6-10-2022 ISSUED BY FIRST RESPONDENT EXHIBIT P7 TRUE COPY OF THE STATEMENT OF ACCOUNTS AND BALANCE SHEET OF THE SECOND RESPONDENT DATED 30-3-2021 FOR THE PREVIOUS YEAR 2019-20 EXHIBIT P8 TRUE COPY OF THE G. O. (P) NO.47/2016/LSGD DATED 16-12-2016 ISSUED BY PRINCIPAL SECRETARY TO GOVERNMENT EXHIBIT P9 TRUE COPY OF THE G. O. (P) WP(C) NO. 18692 OF 2023

NO.48/2016/LSGD DATED 16-12-2016 ISSUED BY PRINCIPAL SECRETARY TO GOVERNMENT EXHIBIT P10 TRUE COPY OF THE GOVERNMENT ORDER BEARING NO. G.O.(MS) NO.3047/2018/LSGD DATED 30-11-2018 ISSUED BY GOVERNMENT UNDER SECRETARY EXHIBIT P11 TRUE COPY OF THE GOVERNMENT ORDER BEARING NO. G.O.(MS) NO.2747/2019/LSGD DATED 4-12-2019 ISSUED BY GOVERNMENT UNDER SECRETARY EXHIBIT P12 TRUE COPY OF THE GOVERNMENT ORDER BEARING NO. G.O.(MS) NO.2114/2021/LSGD DATED 27-10-2021 ISSUED BY GOVERNMENT UNDER SECRETARY EXHIBIT P13 TRUE COPY OF THE GOVERNMENT ORDER BEARING NO. G.O.(MS) NO.1706/2022/LSGD DATED 19-7-2022 ISSUED BY DEPUTY SECRETARY EXHIBIT P14 TRUE COPY OF G.O.(MS) NO.249/2022/LSGD DATED 5-2-2022 ISSUED BY UNDER SECRETARY EXHIBIT P15 TRUE COPY OF NOTICE BEARING NO.9778/C-19/REV/D.2/CMDS/GCDA DATED 17-1-2023 ISSUED BY SECOND RESPONDENT TO THE PETITIONER

RESPONDENTS EXHIBITS : NIL //TRUE COPY// PA TO JUDGE