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2021 Supreme(Online)(KER) 1131

AJAY G.KAMATH – Appellant
Versus
CORPORATION OF COCHIN – Respondent


Advocates:
['SRI M P RAMNATH', '', 'SRI BEPIN PAUL', 'SRI P RAJESH KOTTAKKAL', 'SRI SHALU VARGHESE', 'SMT S SANDHYA', 'SMT UMA R KAMATH', 'SEI M VARGHESE VARGHESE', 'SRI E D GEORGE', 'SC', 'COCHIN CORPORATION', '', 'SRI G KRISHNAKUMAR', 'SRI E D GEORGESCCOCHIN CORPORATION']

JUDGMENT

Dated this the 26th day of March 2021 This writ petition is filed by the petitioner seeking a writ of mandamus directing the Corporation of Cochin and the Secretary, to duly enquire into Exhibit P4 complaint and take necessary action in accordance with law and the proceedings to be completed within a time limit to be fixed by this Court.

2. On going through the writ petition and the complaint filed, I am of the clear view that the allegations raised by the petitioner with respect to the illegal construction carried out by respondents 3 & 4 are dependent upon various factual circumstances. If the allegations raised are correct, necessarily the Secretary of the Corporation has to follow the statutory formalities in contemplation of section 406 of the Kerala Municipality Act, 1994.

3. The sole relief sought for by the petitioner is non-consideration of Exhibit P2 complaint. Therefore, after having heard learned counsel for petitioner and the learned counsel appearing for respondents 3 & 4, this writ petition is disposed of, directing the Secretary of the Corporation to consider Exhibit P2 complaint, if it is still pending consideration and attain finality in accordance with law

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