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2004 Supreme(Ker) 575

K.S.RADHAKRISHNAN, M.N.KRISHNAN
Vimal Arakkal – Appellant
Versus
Corporation of Cochin – Respondent


Judgment :-

Radhakrishnan, J.

Writ petition was filed by the appellant challenging Ext.P5 notice issued by the Corporation of Cochin directing him to remove the hoarding put up by him without the permission of the Corporation. It is pointed out that the existing hoarding put up without the permission of the Corporation causes danger to the life and property of the pedestrians and the vehicles. Ext.P5 notice was issued under Section 275 as well as Section 411 of the Kerala Municipalities Act. Complaining that the Corporation has no power under Section 272 or under Section 411 of the act to issue such a notice, writ petition has been preferred. Various contentions were raised before the learned Single Judge. Learned Single Judge found no merit in the contentions and rejected the writ petition. However, it was ordered that if the appellant submits a formal application, Corporation would take note of the same and regularize the Construction.

2. Before the learned single judge Corporation has taken a reasonable stand that they would not take any steps for demolition of the hoarding if any application is made for regularization and the same would be regularized subject to the specification









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