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2021 Supreme(Online)(KER) 47896

HIGH COURT OF KERALA
SHAJI P.CHALY, J
BINDU VISWAKUMAR – Appellant
Versus
THE CORPORATIO OF KOCHI – Respondent


JUDGMENT

Dated this the 26th day of March 2021 This writ petition is filed by the petitioner seeking direction to respondent Nos.1 and 2 i.e. the Corporation of Kochi as well as the Assistant Executive Engineer, Corporation of Kochi, Zonal Office, Palluruthy, to implement Ext.P15 decision of the Assistant Executive Engineer dated 25.04.2016. Apparently Ext.P15 order, is an order issued as per Section 406(3) of the Kerala Municipality Act, 1994.

2. The sum and substance of the contention advanced by the petitioner is that, an illegal construction was carried out by the 3rd respondent namely, one Vichithrakumar, S/o. Late Sukumaran, Rameswaram Village, Palluruthy, and thereupon petitioner has approached the Secretary/authorised officer of the Corporation of Kochi seeking removal of the illegal construction, no action was initiated, pursuant to which petitioner has approached this Court and secured Ext.P9 judgment in W.P.(C)No.28819/2011 to pass appropriate orders in accordance with law, in the complaint filed by the petitioner.

3. Evidently, thereafter the 2nd respondent issued notice to the 3rd respondent namely, Ext.P11 as per Section 406(1) and 406(2) directing the 3rd respondent to

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