Allowed

Kanichai Hotels (P) Limited v. the Corporation of Thiruvananthapuram

Kerala HC17 Mar 2015WP(C)/7089/2015

Case brief

AI extract

What is this about?

Writ petition regarding a notice to cut down almond trees was disposed of. The Court directed the notice be treated as a show cause notice, allowing the petitioner to submit an explanation before the Corporation passes any order.

What did the court decide?

Petitioner allowed liberty to submit explanation within two weeks; Respondent Corporation directed to consider it after hearing.

Kanichai Hotels (P) Limited Vs the Corporation of… — Municipal and Town Planning | Kerala HC (2015)

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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 DAMA SESHADRI NAIDU

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TUESDAY, THE 17TH DAY OF MARCH 2015/26TH PHALGUNA, 1936

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WP(C).No. 7089 of 2015 (I)

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PETITIONER:

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KANICHAI HOTELS (P) LIMITED, HOTEL LUCIA BUILDING, EAST FORT, THIRUVANANTHAPURAM - 695 023 REPRESENTED BY THE MANAGING DIRECTOR REGI VARGHESE.

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BY ADV. SRI.GEORGE POONTHOTTAM

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RESPONDENTS:

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THE CORPORATION OF THIRUVANANTHAPURAM THIRUVANANTHAPURAM- 695 001 REPRESENTED BY ITS SECRETARY.

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THE HEALTH INSPECTOR, CORPORATION OF THIRUVANANTHAPURAM, FORT CIRCLE, THIRUVANANTHAPURAM - 695 001.

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BY SR. ADV. SRI.N.NANDAKUMARA MENON

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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APPENDIX IN WP(C).No. 7089 of 2015 (I)

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PETITIONER'S EXHIBITS:

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EXHIBIT P1:-TRUE COPY OF THE NOTICE NO.FE2/11378/14 DATED 07.04.2014

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EXHIBIT P1(a) ENGLISH TRANSLATION OF EXT. P1

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EXHIBIT P2:- TRUE COPY OF THE REPLY DATED 12-05-2014 GIVEN TO THE 1ST RESPONDENT.

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EXHIBIT P3:-TRUE COPY OF THE NOTICE NO.FE2/11378/14 DATED 03.09.2014 EXHIBIT P3(a) ENGLISH TRANSLATION OF EXT. P3.

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EXHIBIT P4:-TRUE COPY OF THE NOTICE NO.H1/FRT 17/15 DATED 07.02.2015.

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EXHIBIT P4(a) ENGLISH TRANSLATION OF EXT. P4.

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RESPONDENT'S EXHIBITS: NIL.

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/TRUE COPY/

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P.S. TO JUDGE

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Dama Seshadri Naidu, J.

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W.P.(C)No.7089 of 2015 I

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Dated this the 17^th day of March, 2015

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JUDGMENT

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The petitioner has approached this Court ventilating

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its grievance that the respondent Corporation issued Exhibit P4 notice without following the due process, requiring it to cut down three almond trees.

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The learned Senior Counsel for the respondent Corporation has fairly submitted that Exhibit P4 can be treated as a show cause notice and that the petitioner is at liberty to submit its explanation in that regard. The learned counsel for the petitioner has also readily agreed for the said suggestion.

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In the facts and circumstances, having regard to the respective submissions of the learned counsel for the petitioner and the learned Senior Counsel for the respondent, this Court disposes of the writ petition

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WPC 7089/15 2

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declaring that Exhibit P4 is to be treated as a show cause notice, in response to which the petitioner is at liberty to submit its explanation within two weeks from the date of receipt of a copy of this judgment. Once an explanation is submitted by the petitioner, the respondent Corporation shall consider it, after affording an opportunity of hearing to the petitioner, in accordance with law and pass appropriate orders thereon as expeditiously as possible.

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Dama Seshadri Naidu, Judge

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tkv

Kanichai Hotels (P) Limited v. the Corporation of Thiruvananthapuram

Case brief

What is this about?

What did the court decide?

Kanichai Hotels (P) Limited v. the Corporation of Thiruvananthapuram

Case brief

What is this about?

What did the court decide?

What the court decided

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