K.S.Antony vs Corporation Of Cochin
2024 Latest Caselaw 9851 Ker

Kerala High Court

K.S.Antony vs Corporation Of Cochin on 5 April, 2024

Author: P Gopinath

Bench: P Gopinath

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
        FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
                        WP(C) NO. 13895 OF 2014
PETITIONER/S:

            K.S.ANTONY, AGED 51
            S/O.K.P.DEVASSY @ SEBASTIAN, KALATHIPARAMBIL HOUSE,
            40/6588, (OLD NO.XL/6187) MARKET ROAD, ERNAKULAM
            DISTRICT, COCHIN 682 016,
             NOW RESIDING AT KALATHIPARAMBIL HOUSE,
            CHANDRIKA EAST LANE, MONASTRY ROAD,
            NORTH ROAD KARIKKAMURY, COCHIN 682 011.
            BY ADVS.
            Adv.M.P.Sreekrishnan
            A.MUHAMMED MUSTHAFA(K/859-A/2015)
            SONY BENNY(K/003190/2022)


RESPONDENT/S:

    1       CORPORATION OF COCHIN
            REPRESENED BY ITS SECRETARY,
             NEAR BOAT JETTY, ERNAKULAM 682 011.
    2       DISTRICT COLLECTOR
            OFFICE AT COLLECTORATE, KAKKANAD, ERNAKULAM DISTRICT.
    3       K.P.DEVASSY @ SEBASTIAN
            S/O.PAPPU, KALATHIPARAMBIL HOUSE, BHAGAVATHYPARAMBIL,
            NEAR PUTHOORAN EYE HOSPITAL, MARKET ROAD,
             ERNAKULAM DISTRICT, PIN 682 011.
    4       K.S.JOSEPH
            S/O.K.P.DEVASSY @ SEBASTIAN, KALATHIPARAMBIL HOUSE,
            MERIDIAN CENTRE, FLAT NO.D4 AND D5,
            OPP. PADIYATHUKULAM, MARKET ROAD,
             ERNAKULAM DISTRICT, PIN 682 011.
    5       MONICA JOSEPH
            W/O.K.S.JOSEPH, KALATHIPARAMBIL HOUSE,
            MERIDIAN CENTRE, FLAT NO.D4 AND D5,
             OPP. PADIYATHUKULAM, MARKET ROAD,
            ERNAKULAM DISTRICT, PIN 682 011.
    6       REGISTRAR, SREEMOOLANAGARAM SUB REGISTRY OFFICE,
            KANJOOR, ERNAKULAM DISTRICT.
    7       REGISTRAR, ERNAKULAM SUB REGISTRY OFFICE,
            ERNAKULAM SOUTH, ERNAKULAM DISTRICT.
    8       S.I OF POLICE
            CENTRAL POLICE STATION, ERNAKULAM.
 WP(C) NO. 13895 OF 2014            2



    9     STATE OF KERALA
          REPRESNTED BY THE SECRETARY TO THE MINISTRY OF TOURISM,
          THIRUVANANTHAPURAM.
          BY ADVS.
          SRI.BABU KARUKAPADATH,SC,COCHIN CORPORATION

          SRI.C.N.PRABHAKARAN




          SRI. VENUGOPAL V (GP)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 13895 OF 2014                 3



                                  JUDGMENT

When this matter is taken up for consideration today,

learned counsel appearing for the petitioner submits that

petitioner may be permitted to withdraw the writ petition.

Accordingly, the writ petition is dismissed as withdrawn,

leaving open all contentions taken by the petitioner.

Sd/-

GOPINATH P. JUDGE ajt

APPENDIX OF WP(C) 13895/2014

PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE CERTIFICATE DATED 21.01.14 ISSUED BY THE INDIAN RED CROSS SOCIETY TO THE PETITIONER.

EXHIBIT P2 THE TRUE COPY OF THE NOTICE DATED 06.12.91 AVAILABLE WITH THE PETITIONER WHICH WAS ISSUED BY THE ORIENTAL BANK OF COMMERCE. EXHIBIT P3 THE TRUE COPY OF THE SALE DEED NO.2189 OF 1991 DATED 24.06.91 OF ERNAKULAM SUB REGISTRY.

EXHIBIT P4 THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER IN THE YEAR 1996 TO THE IST RESPONDENT FOR ALLOWING A SHOP ROOM. EXHIBIT P5 THE TRUE THE TRUE COPY OF THE SKETCH SIGNED BY THE 4TH RESPONDENT.

EXHIBIT P6 THE TRUE COPY OF THE CMP NO.8677/1993 IN OP NO. 4712/1993 FILED BY THE 4TH RESPONDENT. EXHIBIT P7 THE TRUE COPY OF THE JUDGMENT DATED 26.08.86 OF THE HONOURABLE HIGH COURT OF KERALA IN SA 868,877 AND 1038 OF 1983.

EXHIBIT P8 THE TRUE COPY OF THE RECEIPT DATED 16.10.02 ISSUED BY THE CORPORATION OF COCHIN. EXHIBIT P9 THE TRUE COPY OF THE RECEIPT DATED 13.02.10 FOR PROFESSION TAX.

EXHIBIT P10 THE TRUE COPY OF THE RECEIPT DATED 07.12.12 FOR PROPERTY TAX.

EXHIBIT P11 THE TRUE COPY OF THE RECEIPT DATED 13.07.12 FOR PROFESSION TAX.

EXHIBIT P12 THE TRUE COPY OF THE RECEIPT DATED 07.03.13 FOR PROPERTY TAX.

EXHIBIT P13 THE TRUE COPY OF THE COMPROMISE AGREEMENT ENTERED INTO BETWEEN THE PETITIONER AND 3RD AND 4TH RESPONDENT AT THE INSTANCE OF SOME WELL WISHERS INCLUDING FORMER DEPUTY MAYOR SABU GEORGE.

EXHIBIT P14 THE TRUE COPY OF THE AGREEMENT DATED 16.08.08 ENTERED INTO BETWEEN PETITIONER AND 3RD AND 4TH RESPONDENT.

EXHIBIT P15 THE TRUE COPY OF THE AGREEMENT ENTERED INTO PHILIP AND THE PETITIONER.

EXHIBIT P16 THE TRUE COPY OF THE APPLICATION DATED 21.05.97 FOR PUBLIC TELEPHONE.

EXHIBIT P17 CTHE TRUE OPY OF THE APPLICATION SUBMITTED BY THE 3RD RESPONDENT BEFORE THE 2ND RESPONDENT. EXHIBIT P18 THE TRUE COPY OF THE NOTICE DATED 06.03.13 ISSUED BY THE IST RESPONDENT TO THE 4TH RESPONDENT.

EXHIBIT P19 THE TRUE COPY OF THE PETITION DATED 07.03.14 SUBMITTED BEFORE THE IST RESPONDENT MAYOR, CORPORATION OF COCHIN.

EXHIBIT P20 THE TRUE COPY OF THE COMPLAINT DATED 12.03.14 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DISTRICT COLLECTOR. EXHIBIT P21 THE TRUE COPY OF THE PETITION BEFORE THE 8TH RESPONDENT SUB INSPECTOR OF POLICE, CENTRAL POLICE STATION, ERNAKULAM DATED 19.02.06. EXHIBIT P22 COPY OF THE DEED NO.6124/1 OF 1995. EXHIBIT P23 THE TRUE COPY OF THE DEED NO.200 OF 2003. EXHIBIT P24 THE TRUE COPY OF THE DEED NO.2264 OF 2005 DATED 15.06.05 OF SREEMOOLANAGARAM SUB REGISTRY.

EXHIBIT P25 THE TRUE COPY OF THE DEED 2265 OF 2005 DATED 15.06.2005 OF SREEMOOLANAGARAM SUB REGISTRY. EXHIBIT P26 THE TRUE COPY OF THE DEED NO.933 OF 2005 DATED 16.03.2005 OF SREEMOOLANAGARAM SUB REGISTRY.