A writ petition challenging a notice to demolish structures as being peremptory rather than a show cause notice. The High Court set aside the notice, requiring the Municipality to issue a fresh show cause order.
Exhibit P4 notice set aside; respondent directed to issue fresh show cause notice.
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 DAMA SESHADRI NAIDU
FRIDAY, THE 6TH DAY OF MARCH 2015/15TH PHALGUNA, 1936
WP(C).No. 2640 of 2015 (D)
PETITIONER :
JOSHY P.K., DOOR NO.55/1899, K.P.VALLON ROAD, KADAVANTHARA KOCHI - 682 020.
BY ADVS.SMT.NISHA JOHN SMT. MEERA SIDHARTH
RESPONDENTS :
1. CORPORATION OF KOCHI, KOCHI - 682 011, REPRESENTED BY ITS SECRETARY.
2. SECRETARY, CORPORATION OF KOCHI, KOCHI - 682 011.
3. ASSISTANT EXECUTIVE ENGINEER, DEPARTMENT OF TOWN PLANNING, VYTTILA ZONE KOCHI - 682 019.
R1 TO R3 BY ADVS. SRI.RAAJESH S.SUBRAHMANIAN, SC SRI.P.K.SOYUZ, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Mn
...2/-
WP(C).No. 2640 of 2015 (D)
APPENDIX
PETITIONERS' EXHIBITS :
EXHIBIT P2. TRUE COPY OF RECEIPT OF LICENSE FEE REMITTED FOR THE YEAR 2013-2014 FOR CONDUCTING TEA-SHOP.
EXHIBIT P3. TRUE COPY OF THE JUDGMENT DATED 26.11.2014 IN W.P(C) NO.31623/2014.
EXHIBIT P4. TRUE COPY OF THE NOTICE ISSUED BY ASST.EXECUTIVE ENGINEER AND ITS ENGLISH TRANSLATION.
RESPONDENT(S)' EXHIBITS : NIL
//TRUE COPY//
P.A. TO JUDGE
Mn
DAMA SESHADRI NAIDU, J.
W.P.(c) No. 2640 of 2015
Dated this the 06th day of March, 2015
JUDGMENT
Challenge is laid in this writ petition against Exhibit P4 notice issued by the third respondent, directing the petitioner to demolish within seven days what are said to be illegal structures put up by him.
Municipality, on instructions, has submitted that Exhibit P4 notice was issued only in compliance with the judgment
W.P.(c) No. 2640 of 2015
2
dated 26.11.2014 of this Court in W.P. (C) No. 31623/2014. He has further contended that Exhibit P4 is only a show cause notice, in response to which the petitioner is at liberty to submit his explanation, based on which the respondent Municipality will take further action.
W.P.(c) No. 2640 of 2015
3
sets aside Exhibit P4, leaving it open for the respondent Corporation to issue a fresh show cause notice. Thereafter, it is open for the petitioner to submit a suitable reply, based on which the Corporation can as well take all other consequential steps strictly in accordance with law.
With the above observation, this writ petition is disposed of. No order as to costs.
DAMA SESHADRI NAIDU JUDGE
DMR/-
2 issues framed by the court
Whether the notice directing demolition is a peremptory order requiring prior show cause.
Whether judicial discretion should require a fresh show cause notice before demolition proceedings.
Colour shows how this judgement treated each authority
W.P.(C) No. 31623/2014Referred¶35
Joshy P.K.
Corporation of Kochi
Secretary, Corporation of Kochi
Assistant Executive Engineer, Department of Town Planning
Dama Seshadri Naidu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
