K. J. Pappachan vs The Corporation Of Kochi
2023 Latest Caselaw 11245 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
        THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
  FRIDAY, THE 27TH DAY OF OCTOBER 2023 / 5TH KARTHIKA, 1945
                      WP(C) NO. 35277 OF 2023
PETITIONER:

             K. J. PAPPACHAN, AGED 57 YEARS
             S/O. K. C. JOSEPH, KOIKARAM PARAMBIL,
             PARAMBITHARA CROSS ROAD,
             PANAMPILLY NAGAR, P.O,
             KOCHI, PIN - 682 036.
             BY ADVS.
             J.RAMKUMAR
             P.J.JOSEPH JOHN
             AMRIN FATHIMA


RESPONDENTS:

    1        THE CORPORATION OF KOCHI
             PARK AVENUE ROAD, P.B.NO.1016, ERNAKULAM
             REPRESENTED BY ITS SECRETARY, PIN - 682 011.
    2        THE SECRETARY
             CORPORATION OF KOCHI, PARK AVENUE ROAD,
             P.B.NO.1016, ERNAKULAM, PIN - 682 011.
    3        THE HEALTH INSPECTOR
             CORPORATION OF KOCHI, PARK AVENUE ROAD,
             P.B.NO.1016, ERNAKULAM, PIN - 682 011.
    4        SUSHEELA
             W/O. LATE SHIVADASAPANICKER,
             THURUTHIPARAMBU HOUSE,
             PARAMBITHARA CROSS ROAD,
             PANAMPILLY NAGAR, P.O,
             KOCHI, PIN - 682 036.
             SRI.K.JANARDHANA SHENOY, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.10.2023,     THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) 35277/2023

                                                   2



                            BECHU KURIAN THOMAS, J
                       ......................................................
                               W.P.(C).No.35277 of 2023
                        ...................................................
                      Dated this the 27th day of October, 2023


                                        JUDGMENT

By Ext.P7 notice dated 18.09.2023 the 3 rd respondent directed

the petitioner to cut and remove the mango tree standing in

his property, since it was causing damages to the compound

wall of the 4th respondent. Challenging the said notice,

petitioner has preferred this writ petition.

2. According to the petitioner, the notice issued by the 3rd

respondent is at the instance of the 4th respondent and the

demand is to cut and remove a yielding mango tree. It was

contended that, the notice has been issued without conducting

any inspection to find out the genuineness of the complaint or

the condition of the tree. It was further contended that the 3 rd

respondent has no authority to issue notice under the Kerala

Municipalities Act, 1994.

3. Having heard the learned counsel for the petitioner, this Court WP(C) 35277/2023

is of the view that there is an alternative remedy for the

petitioner before the appropriate forum against Ext.P7 notice.

4. Since petitioner has an alternative remedy before the

appropriate forum, jurisdiction under Article 226 of the

Constitution of India, cannot be invoked.

5. Reserving the liberty of the petitioner to initiate appropriate

proceedings against Ext.P7, in accordance with law, this writ

petition is dismissed.

BECHU KURIAN THOMAS JUDGE AMV/27/10/2023 WP(C) 35277/2023

APPENDIX OF WP(C) 35277/2023

PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE ONE OF THE COMPLAINT DATED 06.03.2023 SUBMITTED BY SMT. MEENA PAPPACHAN, WIFE OF THE PETITIONER BEFORE THE ERNAKULAM TOWN SOUTH POLICE STATION, THEVARA ALONG WITH RECEIPT ISSUED BY POLICE EXHIBIT P2 A TRUE COPY OF THE NOTICE BEARING NO.

ISO/MOH/8/022821/2023 DATED 26.07.2023 ISSUED BY THE 3RD RESPONDENT EXHIBIT P3 A TRUE COPY OF THE OBJECTION DATED 29.07.2023 SUBMITTED BY THE PETITIONER EXHIBIT P4 A TRUE COPY OF THE NOTICE BEARING NO.

ISO/MOH/8/022821/2023 DATED 16.08.2023 ISSUED BY THE 3RD RESPONDENT EXHIBIT P5 A TRUE COPY OF THE OBJECTION DATED 22.08.2023 SUBMITTED BY THE PETITIONER EXHIBIT P6 A TRUE COPY OF THE RECEIPT DATED 28.08.2023 ISSUED BY THE ERNAKULAM TOWN SOUTH POLICE STATION EXHIBIT P7 A TRUE COPY OF THE NOTICE BEARING NO.

ISO/MOH/8/022821/2023 DATED 18.09.2023 ISSUED BY THE 3RD RESPONDENT TRUE COPY