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2020 Supreme(Online)(KER) 28352

HIGH COURT OF KERALA
ALEXANDER THOMAS, J
K.N.ABDUL GAFOOR – Appellant
Versus
CORPORATION OF KOCHI – Respondent


Advocates:
SRI.JOHN MATHEW (THEREZHATH)

JUDGMENT

The prayers in the above Writ Petition (Civil) are as follows :

“i. Set aside the Ext.P4 impugned order in the light that the subject matter constructions in question viz; the shed and toilet are exempted under the relevant provisions of Section 409 of the Kerala Municipality Act , 1994 and that the impugned order was passed in the absence of the petitioner without affording him an opportunity of being heard.

ii. Direct the 2nd respondent to consider the Ext.P4 application to regularize the impugned constructions in question under proviso to clause (1) of Section 406 of the Kerala Municipality Act , 1994 read with Rule 143 of the Kerala Municipality Building Rules, 1999 and also interdict the 2nd respondent from taking any coercive measures under Ext.P4 impugned order for the time being till the final disposal of the Ext.P5 application in the interest of justice.

iii. Issue such other orders, writ or directions as this Hon'ble court may deem just, fit and necessary in the interest of justice.”

2. Heard SriJohn Mathew Therezhath, learned counsel appearing for the petitioner and Sri.S.Sudheesh Kumar, learned Standing Counsel for Kochi Municipal Corporation appearing for the r

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