Disposed

Binu K.K. v. the Secretary, Corporation of Cochin

Kerala HC1 Nov 2017WP(C)/34155/2017

Case brief

AI extract

What is this about?

A writ petition challenging an unconfirmed provisional eviction order issued under the Kerala Municipality Act. The court held the order unenforceable without confirmation and directed the authorities to consider the petitioner's explanation for a final decision.

What did the court decide?

Directing the first respondent to consider the petitioner's explanation and take a final decision under section 406(3), holding the impugned order unenforceable until confirmed.

Binu K.K. Vs the Secretary, Corporation of Cochin — Municipal and Town Planning | Kerala HC (2017)

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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 P.B.SURESH KUMAR

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WEDNESDAY, THE 1ST DAY OF NOVEMBER 2017/10TH KARTHIKA, 1939 WP(C).No. 34155 of 2017 (T) ----------------------------

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PETITIONER(S):

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BINU K.K., AGED 45 YEARS, S/O.K.V.KAMILAS, KOCHAPPILLY HOUSE, SHOP NO.34/1440, MARKET ROAD, EDAPPALLY P.O., KOCHI-682024.

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BY ADVS.SRI.KRISHNADAS P. NAIR SMT.K.L.SREEKALA SRI.HARIDAS P.NAIR SRI.M.A.VINOD SMT.B.SABITHA (DESOM)

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RESPONDENT(S):

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1. THE SECRETARY, CORPORATION OF COCHIN, ERNAKULAM, COCHIN-682011.

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2. CHIEF ENGINEER, CORPORATION OF COCHIN, ERNAKULAM, COCHIN-682011.

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3. TOWN PLANNING OFFICER, CORPORATION OF COCHIN, ERNAKULAM, COCHIN-682011.

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4. JOJO KOKKADAN, AGED 42 YEARS, COMMITTEE MEMBER OF THE ST.GEORGE'S FORANE CHURCH, EDAPPALLY, RESIDING AT KOKKADAN HOUSE, NEAR BYPASS MARKET ROAD, EDAPPALLY-682024.

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5. GIJI ALUNKAL, AGED 48 YEARS, COMMITTEE MEMBER OF THE ST.GEORGE'S FORANE CHURCH, EDAPPALLY, RESIDING AT ALUNKAL HOUSE, NEAR BYPASS MARKET ROAD, EDAPPALLY-682024.

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WP(C).No. 34155 of 2017 (T)

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6. MARTIN KANDATHIL AGED 48 YEARS, TRUSTEE OF THE ST.GEORGE'S FORANE CHURCH, EDAPPALLY, RESIDING AT KANDATHIL HOUSE, DESIYA KAVALA, VAZHAKALA, THRIKKAKKARA, KOCHI-21.

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R1-R3 BY ADVS. SMT.P.LISSY JOSE,SC,COCHIN CORPORATION SRI.P.K.SOYUZ,SC,COCHIN CORPORATION

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-11-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 34155 of 2017 (T)

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APPENDIX

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PETITIONER(S)' EXHIBITS ----------------------EXHIBIT P1 THE TRUE COPY OF THE RENT AGREEMENT DATED 1-1-2017. EXHIBIT P2 THE TRUE COPY OF THE RENT RECEIPT DATED 25-9-2017. EXHIBIT P3 THE TRUE COPY OF THE TAX RECEIPT DATED 18-2-2017. EXHIBIT P4 THE TRUE COPY OF THE NOTICE ISSUED DATED 17-7-2017. EXHIBIT P5 THE TRUE COPY OF THE REPRESENTATION DATED 20-10-2017.

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RESPONDENT(S)' EXHIBITS -----------------------

NIL

TRUE COPY

P.S. TO JUDGE

P.B.SURESH KUMAR, J.

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

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W.P. (C.) No.34155 of 2017

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Dated this the 1^st day of November, 2017

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JUDGMENT

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Heard the learned counsel for the petitioner as also the learned Standing Counsel for the Kochi Corporation.

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Ext.P4 order, which is impugned in the writ

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petition, is one issued by the first respondent, the Secretary of the Kochi Corporation invoking the power under Sub-Section (1) of Section 406 of the Kerala Municipality Act, 1994 (the Act).

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Sub-Section (1) of Section 406 of the Act contemplates only a provisional order. The said order is not enforceable unless it is confirmed under Sub-Section

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(3) of Section 406 of the Act after considering the

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W.P.(C.) No.34155 of 2017

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explanation, if any, of the person to whom the order is served. It is seen that on receipt of the said order, the petitioner has preferred Ext.P5 explanation.

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In the circumstances, the writ petition is disposed

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of directing the first respondent to consider Ext.P5 explanation and take a final decision in the matter as provided for under Sub-section (3) of Section 406 of the Act. Needless to say that the impugned order shall not be enforced unless it is confirmed under Sub-Section (3) of Section 406 of the Act.

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sd/-

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P.B. SURESH KUMAR, JUDGE

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SKS

Binu K.K. v. the Secretary, Corporation of Cochin

Case brief

What is this about?

What did the court decide?

Binu K.K. v. the Secretary, Corporation of Cochin

Case brief

What is this about?

What did the court decide?

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