Disposed

P.M.Poulose v. the District Collector

Kerala HC11 Jun 2012WP(C)/5997/2012

Case brief

AI extract

What is this about?

This judgment disposed of two joint writ petitions concerning an eviction order issued by the District Collector. The court stayed the enforcement of the eviction order and directed the Corporation Council to expedite the pending appeal against the order within eight weeks.

What did the court decide?

Stayed further proceedings on the eviction order; directed the Corporation Council to hear the appeal and dispose of it within eight weeks.

P.M.Poulose Vs the District Collector — Public Procurement and Tenders | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE ANTONY DOMINIC

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MONDAY, THE 11TH DAY OF JUNE 2012/21ST JYAISHTA 1934

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WP(C).No. 5997 of 2012 (Y)

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PETITIONER(S):

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P.M.POULOSE, AGED 49 YEARS S/O.MATHAI, AGED 49, RESIDING AT PALAKKAPPILLY HOUSE KADAVANTHRA, ERNAKULAM, COCHIN-682 010.

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BY ADV. SRI.SAJI VARGHESE KAKKATTUMATTATHIL

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RESPONDENT(S):

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THE DISTRICT COLLECTOR ERNAKULAM DISTRICT, CIVIL STATION, COLLECTORATE KAKKANAD, PIN-682 030.

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CORPORATION OF KOCHI

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CORPORATION OFFICE, KOCHI REPRESENTED BY ITS SECRETARY, KOCHI-682 011.

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HEERA CONSTRUCTIONS PVT.LTD. NATIONAL RESIDENCY BUILDINGS, BANK JUNCTION EDAPPALLY, ERNAKULAM, KOCHI-682 024.

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BY ADV. SRI.P.M.A.KALAM,SC,COCHIN CORPORATION BY GOVERNMENT PLEADER M.MUHAMMED SHAH BY SRI.P.K.SOYUZ,SC,COCHIN CORPORATION

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11-06-2012,ALONG WITH W.P.(C).7250/12, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C).5997/12

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APPENDIX

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PETITIONER(S) EXHIBITS

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EXHIBIT P1- TRUE COPY OF THE JUDGMENT DATED 16.6.2011.

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EXHIBIT P2- TRUE COPY OF SKETCH ISSUED FROM THE VILLAGE OFFICE, ELAMKULAM.

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EXHIBIT P3- TRUE COPY OF THE ORDER DATED 3.2.2011 ISSUED BY THE IST RESPONDENT.

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/true copy/

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P.A. To Judge

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ANTONY DOMINIC, J

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........................................ W.P.(C).5997 & 7250/2012

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Dated this the 11^th day of June, 2012

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JUDGMENT

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Parties in these writ petitions are common and the issue raised is also connected. Therefore, these cases are heard together and are disposed of by this common judgment.

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Petitioner in W.P.(C).5997/12, seeks implementation of the order dated 3.2.2012 issued by the District Collector, requiring the Secretary of the Corporation to take action against the trespass allegedly committed by the petitioner in W.P.(C).7250/12 and for its eviction. On the other hand, from the pleadings in W.P.(C).7250/12, it appears that on the receipt of the aforesaid order, petitioner herein filed an appeal before the Tribunal for Local Self Government Institutions and that the Tribunal rejected the appeal holding that the remedy available to the petitioner is to move the Corporation in terms of the provisions contained under Section 509 of the Kerala Municipality Act. It is also stated that there upon, they filed Ext.P9 appeal before the Corporation Council and

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W.P.(C).5997 & 7250/12

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that during the pendency of the said appeal, Corporation took steps to evict them. It was thereupon that they approached this Court by filing W.P.(C).7250/12.

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From the above, therefore, it is obvious that the appeal filed by the petitioner in W.P.(C).7250/12 against the order dated 3.2.2012, enforcement of which is sought by the petitioner in W.P.(C).5997/12, is pending before the Corporation Council. Therefore, at this stage, what is required is that the Council should hear the appellant before it as also the petitioner in W.P.(C). 5997/12 and dispose of the appeal in accordance with law. This the Council shall do as expeditiously as possible, at any rate, within eight weeks of receipt of a copy of this judgment. It is also directed that in the meanwhile, further proceedings pursuant to the order dated 3.2.2012 shall be kept in abeyance.

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ANTONY DOMINIC, Judge

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mrcs

P.M.Poulose v. the District Collector

Case brief

What is this about?

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P.M.Poulose v. the District Collector

Case brief

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