Kerala High Court
WP(C)/15702/2025 of HARBOUR FISHERIES, REPRESENTED BY ITS MANAGING PARTNER K. P. HASHIM Vs COCHIN CORPORATION on 11 April 2025
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS FRIDAY, THE 11TH DAY OF APRIL 2025 / 21ST CHAITHRA, 1947 WP(C) NO. 15702 OF 2025 PETITIONER: HARBOUR FISHERIES, REPRESENTED BY ITS MANAGING PARTNER K. P. HASHIM AGED 74 YEARS HARBOUR FISHERIES,
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 11TH DAY OF APRIL 2025 / 21ST CHAITHRA, 1947
WP(C) NO. 15702 OF 2025
PETITIONER:
HARBOUR FISHERIES, REPRESENTED BY ITS MANAGING
PARTNER K. P. HASHIM
AGED 74 YEARS
HARBOUR FISHERIES, XVI/2215 (A), PLOT NO. 4, COCHIN FISHERIES HARBOUR, THOPPUMPADY P.O., KOCHI., PIN - 682005
BY ADVS.
SEBASTIAN CHAMPAPPILLY
JULIA PRIYA RESHMY
K.H.SAYYED ALIKHAN
RESPONDENT:
COCHIN CORPORATION
REPRESENTED BY ITS SECRETARY,
COCHIN, ERNAKULAM DISTRICT., PIN - 682011
BY ADV. JANARDHANA SHENOY,
STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 11.04.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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BECHU KURIAN THOMAS, J.
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W.P.(C). No.15702 of 2025
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Dated this the 11th day of April, 2025
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JUDGMENT
Petitioner challenges Exhibit-P13 demand notice issued in respect of building No.1188(B) of Cochin Corporation. Since petitioner has a remedy by way of an appeal under Section 509 of the Kerala Municipality Act, 1994, petitioner has to pursue the said remedy since basically the issue relates to the disputed questions of fact.
2. Accordingly, reserving the liberty of the petitioner to pursue its remedy of an appeal as provided by law, this writ petition is disposed of.
3. Since the writ petition was filed on 09.04.2025, petitioner is given the time till 15.04.2025 to prefer an appeal. If any such appeal is preferred, in accordance with law, the Appellate Authority shall consider the same in accordance with law without undue delay. With the above observations, the writ petition is disposed of. Sd/- BECHU KURIAN THOMAS JUDGE jka/11.04.25.
-:3:- APPENDIX OF WP(C) 15702/2025 PETITIONER’S EXHIBITS Exhibit P1 TRUE COPY OF THE JUDGMENT IN O.P. NO 34150 OF 2001 DATED 20-10-2014 Exhibit P2 TRUE COPY OF THE JUDGMENT IN WRIT PETITION NO. 21001/2018 DATED 19.12.2018 Exhibit P3 TRUE
COPY
OF
THE
LETTER
NO W.Z.R.3/3206/18 DATED 09.05.2019 Exhibit P4 TRUE COPY OF SPECIAL NOTICE DATED 17-01- 2023 NUMBERED AS 37366 Exhibit P5 TRUE COPY OF THE SPECIAL NOTICE ISSUED FOR THE PERIOD FROM 2016-2017 TO 2022- 2023 DATED 17-01-2023 NUMBERED AS 37367 FOR AN AMOUNT OF RS. 1,08,721/- Exhibit P6 TRUE COPY OF SPECIAL NOTICE ISSUED FOR BUILDING NO. 16/1125 (NEW NO. 188A) FOR THE PERIOD FROM 2016-2017 TO 2022-2023 DATED 17-01-2023 NUMBERED AS 37365 Exhibit P7 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 27.05.2024 TO THE RESPONDENT Exhibit P8 TRUE COPY OF THE INTIMATION ISSUED BY THE RESPONDENT DATED 07-11-2024 Exhibit P9 TRUE COPY OF THE APPLICATION DATED 28.11.2024 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT Exhibit P10 TRUE COPY OF THE INTIMATION DATED 05-12- 2024 ISSUED BY THE RESPONDENT Exhibit P11 TRUE COPY OF THE RECEIPT ISSUED BY THE RESPONDENT DATED 13-03-2025 Exhibit P12 TRUE COPY OF THE ORDER NO W.Z.R 3/3206/18 DATED 13-01-2022 ISSUED BY THE RESPONDENT Exhibit P13 TRUE COPY OF THE DEMAND NOTICE DATED 11- 03-2025 ISSUED BY THE RESPONDENT