Kerala High Court
WP(C)/12659/2025 of GENOY JOHN, Vs SECRETARY, on 27 March 2025
12659 OF 2025 1 2025:KER:27027 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 WP(C) NO. 12659 OF 2025 PETITIONERS: 1 GENOY JOHN, AGED 39 YEARS S/O. THOMAS JOHN, THAZHAYIL HOUSE, PADAMUGAL,
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947
WP(C) NO. 12659 OF 2025
PETITIONERS:
GENOY JOHN,
AGED 39 YEARS
S/O. THOMAS JOHN, THAZHAYIL HOUSE, PADAMUGAL, PALACHUVADU ROAD, ERNAKULAM, PIN - 682030
THOMAS JOHN,
AGED 76 YEARS
S/O. YOHANNAN THOMAS, THAZHAYIL PUTHENVEEDU HOUSE, MALLAPUZHASSERY, NELLIKKALA P.O., PATHANAMTHITTA, PIN - 689643
BY ADVS.
K.L.JOSEPH
P.SAREENA GEORGE
RESPONDENTS:
SECRETARY,
KOCHI MUNICIPAL CORPORATION, ERNAKULAM, PIN - 682011
THE ASSISTANT EXECUTIVE ENGINEER,
EDAPPALLY ZONAL OFFICE, MUNICIPAL CORPORATION, MAMANGALAM-ANCHUMANA TEMPLE ROAD, EDAPPALLY, ERNAKULAM, PIN - 682024
EXECUTIVE ENGINEER,
PUBLIC WORKS DEPARTMENT (PWD) ROADS & BRIDGES, KAKKANAD, ERNAKULAM, PIN - 682030
THE STATION HOUSE OFFICER,
ELAMAKKARA POLICE STATION, THANIKKAL-KEERTHI NAGAR
ROAD, ELAMAKKARA P.O., ERNAKULAM, PIN - 682026
MAHESH KUMAR,
AGED 30 YEARS
S/O. SHOBA MADHU, THAIPPARAMBIL HOUSE, M.A. SAJEEVAN
ROAD, EDAPPALLY, ERNAKULAM, PIN - 682024
SHOBA MADHU,
AGED 55 YEARS
THAIPPARAMBIL HOUSE, M.A. SAJEEVAN ROAD, EDAPPALLY, ERNAKULAM, PIN - 682024
SRI. K.JANARDHANA SHENOY, SC, SRI. P.S.APPU, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioners have approached this court being aggrieved by the fact that respondents 5 & 6 have set up bunk shops in non- vending zones causing extreme prejudice and inconvenience to the petitioners and others.
2. The learned counsel for the petitioners would submit that, for the present, the petitioners would be satisfied if Ext.P12 complaint filed by the petitioners is considered and disposed of by the competent authority of the Municipal Corporation after affording an opportunity of hearing the petitioners and respondents 5 & 6. It is the case of the learned counsel appearing for the petitioners that 2 out of the 5 shops against which the complaint has been filed are having a temporary license, while the remaining three shops are functioning without any license.
3. Learned counsel appearing for the Municipal Corporation as also the learned Government Pleader suggested that the matter can be disposed of after notice is issued to respondents 5 & 6.
4. However, considering the limited nature of reliefs sought for by the petitioners, I am of the view that the writ Petition can be disposed of without notice to respondents 5 & 6. Accordingly, this
Writ Petition will stand disposed of directing the Secretary of the Cochin Municipal Corporation to consider Ext.P12, or to place Ext.P12 before the competent authority, who shall consider the complaint raised by the petitioners after affording an opportunity of hearing to the petitioners and to respondents 5 & 6 in accordance with the law within a period of six weeks from the date of receipt of a certified copy of this judgment. sd/- GOPINATH P. JUDGE Nsd
APPENDIX OF WP(C) 12659/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT FOR THE PROPERTY BELONGING TO THE 1ST PETITIONER BEARING NO. KL07022506064/2024 DATED 25.06.2024 ISSUED FROM EDAPPALLY NORTH VILLAGE Exhibit P2 TRUE COPY OF LAND TAX RECEIPT FOR THE PROPERTY BELONGING TO THE 2ND PETITIONER BEARING NO. KL07022506063/2024 DATED 25.06.2024 ISSUED FROM EDAPPALLY NORTH VILLAGE Exhibit P3 TRUE COPY OF THE BUILDING CERTIFICATE DATED 04.02.2025 FOR DOOR NO. 3071/A1 IN WARD NO. 37, ISSUED FROM KOCHI MUNICIPAL CORPORATION Exhibit P4 TRUE COPY OF THE BUILDING CERTIFICATE DATED 04.02.2025 FOR DOOR NO. 3071/A2 IN WARD NO. 37, ISSUED FROM KOCHI MUNICIPAL CORPORATION Exhibit P5 TRUE COPY OF THE BUILDING CERTIFICATE DATED 04.02.2025 FOR DOOR NO. 3071/A3 IN WARD NO. 37, ISSUED FROM KOCHI MUNICIPAL CORPORATION Exhibit P6 TRUE COPY OF THE BUILDING CERTIFICATE DATED 04.02.2025 FOR DOOR NO. 3071/A4 IN WARD NO. 37, ISSUED FROM KOCHI MUNICIPAL CORPORATION Exhibit P7 TRUE COPY OF THE BUILDING CERTIFICATE DATED 04.02.2025 FOR DOOR NO. 3071/A5 IN WARD NO. 37, ISSUED FROM KOCHI MUNICIPAL CORPORATION Exhibit P8 TRUE COPY OF THE LICENSE ISSUED TO MAHESH KUMAR, 5TH RESPONDENT, BEARING ID NO. 07C033037003587 ISSUED FROM KOCHI MUNICIPAL CORPORATION Exhibit P9 TRUE COPY OF THE LICENSE ISSUED TO SHOBA MADHU, 6TH RESPONDENT, BEARING ID NO. 07C033037000984 ISSUED FROM KOCHI MUNICIPAL CORPORATION
Exhibit P10 TRUE COPY OF THE REVISED STREET VENDING ZONES WHICH INCORPORATED THE RECOMMENDATIONS OF THE KOCHI MUNICIPAL COUNCIL RESOLUTION DATED 08.03.2022 Exhibit P11 THE PHOTOGRAPH SHOWING THE FIVE BUNKS Exhibit P12 TRUE COPY OF THE COMPLAINT DATED 10.03.2025 SUBMITTED BY THE 1ST PETITIONER TO RESPONDENTS 1,3 AND 4 Exhibit P13 TRUE COPY OF THE A/D CARD SINGED BY THE 1ST RESPONDENT Exhibit P14 TRUE COPY OF THE A/D CARD SINGED BY THE 3RD RESPONDENT Exhibit P15 TRUE COPY OF THE A/D CARD SINGED BY THE 4TH RESPONDENT