Disposed

Anilkumar v. Kollam Municipal Corporation

Kerala HC1 Dec 2016WP(C)/37856/2016

Case brief

AI extract

What is this about?

This writ petition concerns an eviction notice issued by the Kollam Municipal Corporation to a flower shop petitioner. The High Court directed the Corporation to consider the petitioner's reply and refrain from coercive steps for two weeks if the order is prejudicial.

What did the court decide?

Directing the respondent corporation to consider the petitioner's reply and pass orders within two weeks without initiating coercive steps if prejudicial.

Anilkumar Vs Kollam Municipal Corporation — Landlord and Tenant | Kerala HC (2016)

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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 K.VINOD CHANDRAN

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THURSDAY, THE 1ST DAY OF DECEMBER 2016/10TH AGRAHAYANA, 1938

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WP(C).No. 37856 of 2016 (F)

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PETITIONER(S):

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ANILKUMAR, AGED 48 YEARS, S/O CHELLAPPAN, LEKSHMI MANDIRAM, KANJAGAD, VADAKKEVILA, KOLLAM.

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BY ADV. SRI.ALEXANDER GEORGE

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RESPONDENT(S):

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KOLLAM MUNICIPAL CORPORATION, REPRESENTED BY ITS MUNICIPAL SECRETARY, CORPORATION BUILDING, KOLLAM- 691 001.

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BY SRI.M.K.CHANDRA MOHAN DAS, SC

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01-12-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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msv/

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WP(C).No. 37856 of 2016 (F)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE RENT RECEIPT ISSUED BY THE KOLLAM CORPORATION DATED 20-07-2012

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EXHIBIT P2 TRUE COPY OF THE RENT RECEIPT ISSUED BY THE KOLLAM CORPORATION DATED 3-3-2016 FOR THE PERIOD OF 2013-14 TO 2014-15

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EXHIIPT P3 THE RUE COPY OF THE ELECTRICITY BILL ISSUED BY KSEB DATED 22-02-2016

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EXHIBIT P4 THE TRUE COPY OF THE INJUNCTION ORDER IN IA NO.2103/2016 PASSED BY THE HON'BLE MUNSIFF COURT DATED 20-09-2016

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EXHIBIT P5 THE TRUE COPY OF THE NOTICE DATED 17-10-2016 ISSUED BY THE RESPONDENT

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EXHIBT P6 THE TRUE COPY OF THE REPLY NOTICE DATED 16-11-2016 SENT BY THE PETITIONER

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RESPONDENT(S)' EXHIBITS

NIL

//TRUE COPY//

P.S.TO JUDGE

msv/

K. VINOD CHANDRAN, J.

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=====================

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W.P.(C) No.37856 of 2016 - F

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====================== Dated this the 01^st day of December, 2016

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J U D G M E N T

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The petitioner is conducting a flower business at Chinnakkada, Kollam for the last 25 years, after obtaining necessary licence from the respondent Corporation. Exts.P1 and P2 are the rent receipts issued by the Corporation.

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The respondent Corporation attempted to evict the petitioner from the said bunk. The petitioner filed a suit numbered as O.S No.369/2016 before the Munsiff's Court, Kollam and obtained Ext.P4 injunction order against the Corporation. While the suit is pending, the respondent Corporation issued Ext.P5 notice dated, 17.10.2016 to evict the petitioner within 15 days from the date of receipt of the notice, for reason of the said place being proposed for constructing parking areas. Aggrieved by Ext.P5, the petitioner filed Ext.P6 reply, which is pending consideration. The petitioner seeks

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W.P.(C) No.37856 of 2016 - F

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only for disposal of the same.

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In such circumstance, the respondent Corporation is directed to consider Ext.P6 reply and pass orders, within a period of two weeks from the date of receipt of a certified copy of this judgment. If the order passed is prejudicial to the petitioner, no coercive steps shall be initiated for further two weeks to enable the petitioner to approach the appellate authority. It is made clear that this Court has not made any observations on merits, which the respondent Corporation will consider in accordance with law. The petitioner would also be entitled to move the Civil Court if there is any violation of the injunction order, which the Civil Court will be entitled to look into.

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The writ petition is disposed of.

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Sd/K. VINOD CHANDRAN, JUDGE

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SB/01/12/2016

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// true copy //

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P.A to Judge

Anilkumar v. Kollam Municipal Corporation

Case brief

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Anilkumar v. Kollam Municipal Corporation

Case brief

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