Kerala High Court
WP(C)/42067/2017 of ROY VARGHESE Vs THE CORPORATION OF KOCHI on 29 December 2017
COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN FRIDAY, THE 29TH DAY OF DECEMBER 2017/8TH POUSHA, 1939 WP(C).No. 42067 of 2017 (G) ---------------------------- PETITIONER : ------------------ ROY VARGHESE, S/O. REV. FR.K.M. VARGHESE, KOLINCHIKAL HOUSE,
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 29TH DAY OF DECEMBER 2017/8TH POUSHA, 1939
WP(C).No. 42067 of 2017 (G)
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PETITIONER :
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ROY VARGHESE, S/O. REV. FR.K.M. VARGHESE, KOLINCHIKAL HOUSE, THADIYOOR P.O., THIRUVALLA - 689545.
BY ADV. SRI.ABRAHAM THOMAS (PUTHURAN)
RESPONDENTS :----------------------
1. THE CORPORATION OF KOCHI, OFFICE OF THE CORPORATION OF KOCHI, ERNAKULAM 682012 REPRESENTED BY ITS SECRETARY. OFFICE OF THE CORPORATION OF KOCHI, ERNAKULAM 682012 REPRESENTED BY ITS SECRETARY.
2. THE SECRETARY, CORPORATION OF KOCHI, OFFICER OF THE CORPORATION OF KOCHI, ERNAKULAM - 682012. OFFICER OF THE CORPORATION OF KOCHI, ERNAKULAM - 682012.
3. SHEENA JOHN, W/O. JOHN FRANCIS, KUNDUKULAM, VADAKAMTHODU LANE, NEAR ESI ROAD, THOPPUMPADY. KUNDUKULAM, VADAKAMTHODU LANE, NEAR ESI ROAD, THOPPUMPADY.
R1 & R2 BY SRI.E.D.GEORGE,SC, BY SRI.P.K.SOYUZ,SC, THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29-12-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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APPENDIX
PETITIONER'S EXHIBITS :
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P1:COPY OF THE SETTLEMENT DEED NO. 310/1995 OF SRO KOCHI.
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P2:COPY OF THE RECEIPT EVIDENCING PAYMENT OF PROPERTY TAX FOR THE YEAR 2017-18.TAX FOR THE YEAR 2017-18.
P3:COPY OF THE ROUGH SKETCH INDICATING THE ENCROACHMENT MADE BY THE R3.ENCROACHMENT MADE BY THE R3.
P4:COPY OF THE REPRESENTATION DATED 4/11/2017 BEFORE THE R2.THE R2.
RESPONDENT'S EXHIBITS :
NIL.
//TRUE COPY//
P.A. TO JUDGE
DEVAN RAMACHANDRAN, J.
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W.P. (C) No.42067 of 2017
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Dated this the 29[th] day of December, 2017
J U D G M E N T
The petitioner says that he has preferred Ext.P4representation before the Secretary of the Cochin Corporationmaking certain complaints against the unauthorised use of hisproperty by the 3[rd] respondent. The petitioner says that in spiteof the fact that Ext.P4 representation was made to the Secretaryas early as on 04.11.2017, no action has been taken thereon bythe said authority.
2. I have heard the learned counsel for the petitioner andthe learned Standing Counsel appearing for the Corporation ofKochi.
3. Learned Standing Counsel appearing for the Corporationof Kochi says that there is no legal impediment in the Secretaryconsidering Ext.P4 representation and according to him, Ext.P4will be considered in terms of law.
W.P.(C) No.42067/2017
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In such circumstances, taking into account the submissionmade by the learned Standing Counsel, I dispose of this writpetition directing the Secretary of the Corporation of Kochi totake up Ext.P4 and consider the same in terms of law afteraffording an opportunity of being heard to the petitioner as wellas the 3[rd] respondent, against whom the complaint has beenmade, as expeditiously as possible, but not later than one monthfrom the date of receipt of a copy of this judgment.
Sd/-
DEVAN RAMACHANDRANJUDGE
smp
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