Petitioner challenged the erection of a bus shelter by third parties on land surrendered by him, alleging breach of undertaking. Court held the structure was unauthorized since the Corporation did not erect or authorize it.
Corporation directed to remove the unauthorized bus shelter within four weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC
MONDAY, THE 2ND DAY OF JULY 2012/11TH ASHADHA 1934
WP(C).No. 4895 of 2012 (J)
PETITIONER :
K.G.THOMAS, S/O.K.C.GEORGE, AGED 45 YEARS, KARUKAPARAMBIL HOUSE PONNETH TEMPLE SOUTH ROAD, CHELAVANNOOR, KOCHI-20.
BY ADVS.SRI.SAJEEV KUMAR K.GOPAL
SRI. K.R..VINOD
RESPONDENT(S):
1. THE CORPORATION OF KOCHI CORPORATION OFFICE, PARK AVENUE ROAD,
2. THE SECRETARY,
...2/-
WP(C).No. 4895 of 2012 (J) -2-
*ADDL. R3 TO R6 ARE IMPLEADED AS PER ORDER IN I.A NO. 8694/2012 DATED 02.07.2012
R1 & R2 BY ADVS. SRI.RAJU SEBASTIAN VADAKKEKARA, SC SRI.B.S.SWATHY KUMAR SMT.P.V.SOBHANA SMT.V.BEENA SRI.P.K.SOYUZ, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-07-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Mn
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WP(C).No. 4895 of 2012 (J)
APPENDIX
PETITIONERS' EXHIBITS :
RESPONDENTS' EXHIBITS : NIL
//TRUE COPY//
P.A. TO JUDGE
Mn
ANTONY DOMINIC,J
W.P.(C)No.4895 of 2012
Dated this the 2nd day of July, 2012
JUDGMENT
Heard the counsel for the petitioner, the standing counsel appearing for respondents 1 and 2 and the counsel appearing for additional respondents.
W.P.(C).No.4895/2012
: 2 :
structures in the property surrendered by the petitioner. However, this judgment did not in any manner prohibit the Corporation from putting up bus shelter.
The petitioner has approached this Honourable Court with regard to a waiting shed near Janatha Bus Stop on the northern side of the S.A.Road in Vittila Zonal Office of the Corporation. It is submitted that the above bus stop is not constructed by the Corporation. In the above circumstances whether it
W.P.(C).No.4895/2012
: 3 :
should be removed or not is now under the consideration of the Corporation.
thus:
The allegations contained in paragraph 4 of the Writ Petition is not correct and hence it is denied. Respondent-Corporation has not made any construction. When the alleged construction came to the notice of the Corporation action has been taken. Now the matter is pending before Town Planning Committee and Corporation Council, as to whether the above construction should be retained or not. The Writ Petition is devoid of merits. Therefore, it is humbly submitted that the Writ Petition may be dismissed with cost to the Respondent.
not construct the structure. But they submit that the shelter is used by thousands of people and that considering the public interest involved, it shall not be removed.
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than them has right to put up any structure in the land. Although, the petitioner approached this Court complaining that contrary to the undertaking given, the Corporation has put up the bus shelter in view of the averments in the counter affidavit filed by the corporation, it is evident that it is not a structure put up by them. The Corporation also does not have a case that they authorized anybody to put up a structure. In such a case, evidently, the structure in question put up by somebody other than the Corporation and is an unauthorized one, which cannot
be permitted to remain in the Public road. Therefore, the Corporation has to take a decision for its removal and implement the same. This the Corporation shall do at any rate, within four weeks from today.
Writ petition is disposed of as above.
ANTONY DOMINIC, JUDGE
ln
2 issues framed by the court
Whether the Corporation must remove an unauthorized bus shelter erected by a third party on land vested in it after surrendering the area to the petitioner.
Whether the Corporation authorized the erection of the structure in question.
K.G. THOMAS
THE CORPORATION OF KOCHI
THE SECRETARY, CORPORATION OF KOCHI
MAJOR ROAD RESIDENTS ASSOCIATION
PARADISE ROAD RESIDENTS ASSOCIATION
JANATHA ROAD RESIDENTS WELFARE ASSOCIATION
ANTONY DOMINIC
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
