Kerala High Court
P.P. Fasalu vs The Secretary, Corporation Of Cochin on 3 January, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 3RD DAY OF JANUARY 2024 / 13TH POUSHA, 1945
WP(C) NO. 29413 OF 2013
PETITIONER:
P.P. FASALU
S/O.P.P.AYDRU HAJI, PERUMPULLIPATT PAYOORAYIL HOUSE,
THOZHIYOOR P.O., VYLATHOOR, CHAVAKKAD, THRISSUR
DISTRICT, REPRESENTED THROUGH HIS POWER OF ATTORNEY
HOLDER P.P.AYDRU HAJI @ HYDER HAJI, S/O.BAPPUTTY,
PERUMPULLIPATT PAYOORAYIL HOUSE, THOZHIYOOR P.O.,
VYLATHOOR, CHAVAKKAD, THRISSUR DISTRICT.
BY ADV SRI.KRISHNA PRASAD. S
RESPONDENTS:
1 THE SECRETARY, CORPORATION OF COCHIN
OFFICE OF THE CORPORATION OF COCHIN, ERNAKULAM.
2 THE CHAIRMAN
TRAFFIC REGULATORY COMMITTEE (SECRETARY TO CORPORATION
OF COCHIN), OFFICE OF THE CORPORATION OF COCHIN,
ERNAKULAM.
3 THE COMMISSIONER OF POLICE
OFFICE OF THE COMMISSIONER OF POLICE, ERNAKULAM.
4 GREATER COCHIN DEVELOPMENT AUTHORITY
REPRESENTED BY ITS CHAIRMAN, OFFICE OF THE GREATER
COCHIN DEVELOPMENT AUTHORITY, KADAVANTHRA P.O., KOCHI-
682020.
5 THE DISTRICT COLLECTOR
ERNAKULAM, COLLECTORATE, KAKKANAD, ERNAKULAM.
6 STATE OF KERALA
REPRESENTED BY THE SECRETARY, DEPARTMENT OF LOCAL SELF
GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM.
BY ADVS.
SRI.K.ANAND, SC, COCHIN CORPN.
SRI.ARUN ANTONY, SC, GCDA
W.P.(C) NO.29413 OF 2013
2
K. JANARDHANA SHENOY
OTHER PRESENT:
SRI RIYAL DEVASSY, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.01.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) NO.29413 OF 2013
3
P.V.KUNHIKRISHNAN
---------------------
W.P.(C).No.29413 of 2013
---------------------------
Dated this the 3rd day of January, 2024
JUDGMENT
This writ petition is filed with the following prayers:-
"i) to issue a writ of mandamus or any other writ,
direction or order, directing the 1st and 2nd
respondents to take necessary action on the
Exhibit -P8 complaint submitted by the petitioner.
ii) Issue a Writ of mandamus or any other writ,
direction or order, directing the 1st respondent to
take stringent actions coordinating with
Respondents 2 to 5 against the unauthorised
constructions and remove the same with
immediate effect.
iii) to issue such other relief's as this Hon'ble Court
may deem fit in the circumstances of this case."
(SIC)
2. The petitioner purchased 3.88 Ares in Panampilly
Nagar which is situated in Survey No.989/8 and 990/1 of
Ernakulam Village, Kanayannur Taluk in the year 2012. The
petitioner decided to construct a residential cum
commercial complex in the above property and he applied
for building permit before the 1 st respondent by submitting
necessary documents is the submission. The 1 st respondent,
after perusing the documents and site inspection, granted
W.P.(C) NO.29413 OF 2013
building permit on 07.02.2013. The petitioner started
construction of the building according to the building permit
is the submission. Now, the construction of the building is
completed. While so, some persons claiming to be under
the instructions of the Panampilly residents association
tried to put up hoardings in the vacant portion in front of
the petitioner's property is the submission. The people of
the locality as well as the representatives of the petitioner
objected to this illegal act is the further submission. It is
stated in the writ petition that they were informed that the
residence association has illegally extracted huge amounts
from different business concerns for permitting them to
erect hoardings and other publicity materials at this place.
When enquiries were made, it is submitted that it has come
to knowledge that no one has obtained any permission or
sanction from the local authorities to construct any
permanent or temporary structures. The petitioner has
submitted a complaint before the 1st respondent against
this unauthorised construction. Even then, there is no
action. Hence, this writ petition.
3. Heard the learned counsel for the petitioner and
W.P.(C) NO.29413 OF 2013
the Standing Counsel appearing for the Corporation and
GCDA.
4. A counter affidavit is filed by the 4 th respondent. It
will be better to extract paragraph 7 of the counter
affidavit.
"The ground urged by the petitioner are
untenable and baseless and hence denied by this
respondent. The space provided in front of the
petitioner's plot is not an authorised parking
space as the area is specifically earmarked as
green strip between the 7 meter wide service
road and the Panampilly Nagar main avenue. The
construction work around the green strip provided
is not an illegal construction as it is undertaken to
protect the said area from trespassing and
encroachment. Hence, the allegations raised by
the petitioner that this respondent has acted in an
illegal and arbitrary manner is false and baseless
as this respondent has only acted in a fair,
reasonable manner and within authority and the
contours of law."
From the above, it is clear that the space provided in front
of the petitioner's plot is not an authorised parking space as
the area is specifically earmarked as green strip between 7
meter wide service road and the Panampilly Nagar main
avenue. The construction work around the green strip
provided is not an illegal construction is the submission of
the 4th respondent. If that is the case, no further orders can
be passed in this writ petition. But, the counsel for the
W.P.(C) NO.29413 OF 2013
petitioner submitted that there is illegal parking in front of
the petitioner's building. If that is the case, the petitioner
can approach the 2nd respondent or the competent
authority with an appropriate application. If such a
representation is received, the 2nd respondent or the
competent authority will consider the same and take
appropriate steps with notice to the petitioner
expeditiously.
With the above directions, this writ petition is disposed
of.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
bng
W.P.(C) NO.29413 OF 2013
APPENDIX OF WP(C) 29413/2013
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE BASIC TAX RECEIPT
ISSUED FROM THE VILLAGE OFFICE,
ERNAKULAM, DT.5-10-2012.
EXHIBIT P2 TRUE COPY OF THE POSSESSION CERTIFICATE
ISSUED FROM THE VILLAGE OFFICE,
ERNAKULAM DT.5-10-2012.
EXHIBIT P3 TRUE COPY OF THE BUILDING PERMIT
BEARING NO.KRP1-24/COC/KRP/18/2013
DT.7-2-2012 ISSUED BY R1.
EXHIBIT P4 TRUE COPY OF THE LOCATION CERTIFICATE
DT.5-10-2012 ISSUED FROM THE VILLAGE
OFFICER, ERNAKULAM.
EXHIBIT P5 TRUE COPY OF THE PHOTOGRAPH WHICH IS
UNDATED SHOWING THE ILLEGAL
CONSTRUCTION IN FRONT OF THE
PETITIONER'S PROPERTY.
EXHIBIT P6 TRUE COPY OF THE PHOTOGRAPH WHICH IS
UNDATED SHOWING THE PARKING OF THE
VEHICLES ENTERING PANAMPILLY ROAD.
EXHIBIT P7 TRUE COPY OF THE PHOTOGRAPH WHICH IS
UNDATED SHOWING FOUR LANE ROAD OF THE
PANAMPILLY NAGAR.
EXHIBIT P8 TRUE COPY OF THE COMPLAINT SUBMITTED TO
THE SECRETARY, CORPORATION OF COCHIN
DT.23-11-2013.
EXHIBIT P9 TRUE COPY OF THE RECEIPT OF COMPLAINT
ISSUED FROM R1 OFFICE DT.23-11-2013.
EXHIBIT P10 TRUE COPY OF THE RECEIPT OF THE RECEIPT
OF COMPLAINT ISSUED FROM R4 OFFICE
DT.23-11-201
