SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2021 Supreme(Ker) 1048

K.VINOD CHANDRAN, C.JAYACHANDRAN
Thadevoos S/o Ouseph – Appellant
Versus
Kochi Corporation Rep. by Secretary – Respondent


Advocates:
Advocate Appeared:
For the Appellants : M.R. Sudheendran, C. Unnikrishnan.
For the Respondent: C.N. Prabhakaran, Rayjith Mark.

JUDGMENT :

C. JAYACHANDRAN, J.

1. A challenge to a non-speaking order (Ext.P7) is dismissed by the judgment impugned of the learned Single Judge in W.P. (C) No. 27134/2018 dated 9.4.2021. The aggrieved petitioner is the appellant.

2. Ext.P7 order issued by the first respondent Corporation directed the appellant/petitioner to remove the unauthorized constructions, allegedly made trespassing into the public stream vested with it, within seven days from the date of receipt thereof. It is the petitioner’s case that Ext.P7 order is violative of Ext.P1 judgment of the Munsiff’s Court, Kochi in O.S. No. 478/2009, which attained finality by virtue of Ext.P2 decree of the Sub Court, Kochi in A.S. No. 4/2013. The petitioner apprehended demolition of his septic tank, which is allegedly constructed in the purambokku land, wherefore, the writ petition was filed.

3. O.S. No. 478/2009 is a suit instituted by the petitioner/appellant against four persons, who hold properties adjoining to the plaint schedule property having an extent of two cents. The first respondent Corporation and its Executive Engineer were impleaded as additional 5th and 6th defendants respectively, in the said suit. The plaintiff

        Click Here to Read the rest of this document
        1
        2
        3
        4
        5
        6
        7
        8
        9
        10
        11
        SupremeToday Portrait Ad
        supreme today icon
        logo-black

        An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

        Please visit our Training & Support
        Center or Contact Us for assistance

        qr

        Scan Me!

        India’s Legal research and Law Firm App, Download now!

        For Daily Legal Updates, Join us on :

        whatsapp-icon telegram-icon
        whatsapp-icon Back to top