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2021 Supreme(Online)(KER) 1131
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SHAJI P.CHALY FRIDAY, THE 26TH DAY OF MARCH 2021 / 5TH CHAITHRA, 1943 WP(C).No.23945 OF 2015(P)
PETITIONER:
AJAY G.KAMATH AGED 32 YEARS S/O LATE GOPALAKRISHANAN, SCHOOL TEACHER,PRESENTLY RESIDING AT HOUSE NO. 41/769,MASTERS COMPOUND LANE, PULLEPPADY ROAD,ERNAKULAM NORTH PO, KOCHI-682 018 BY ADVS.
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 RESPONDENTS:
1 CORPORATION OF COCHIN ZONAL OFFICE, FORT KOCHI, PIN-682 001,REPRESENTED BY ADDITIONAL SECRETARY
2 BUILDING INSPECTOR CORPORATION OF COCHIN, ZONAL OFFICE,FORT KOCHI, PIN-
682 001
3 MEERA BHAI W/O NAVIN CHANDFRA KAMATH, 8/48A PRABHU BAGH STREET, CHERLAI, KOCHI-682 002
4 NAVIN CHANDRA KAMATH
8/48A PRABHU BAGH STREET, CHERLAI, KOCHI-682 002 R3 & R4 BY ADV. SRI.G.KRISHNAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
['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 and in contemplation of the proceedings under Act, 1994, at the earliest possible time and at any rate within two months from the date of receipt of a copy of this judgment. However, I make it clear that, if already the proceedings are concluded, it shall not be re-opened under any circumstances.
Sd/-
SHAJI P.CHALY
APPENDIX OF WP(C) 23945/2015 PETITIONER'S EXHIBITS:
EXHIBIT P1 EXT.P1: TRUE COPY OF THE BUILDING PERMIT NO. FCP2/580/14 DT. 17/10/14 EXHIBIT P2 EXT.P2: TRUE COPY OF THE COMPLAINT /REPRESENTATION DT. 27/6/15 SUBMITTED TO THE 1ST RESPONDENT EXHIBIT P3 EXT.P3: TRUE COPY OF THE RECEIPT DT.27/6/15 ISSUED BY THE 1ST RESPONDENT ON RECEIPT OF EXT.P2 COMPLAINAT/REPRESENTATION EXHIBIT P4 EXT.P4: TRUR COPY OF THE COMPLAINT DT.
29/7/15 AGAINST ILLEGAL CONSTRUCTIN BY RESPONDENTS 3&4, GIVEN BY PETITIONER TO RESPONDENTS 1&2 EXHIBIT P5 EXT.P5: TRUE COPY OF THE RECEIT DT. 29/7/15 GIVEN BY 1ST RESPONDENT ON RECEIPT OF EXT.P4 COMPLAINT
