Disposed

C.J.Mathew v. the Secretary

Kerala HC8 Feb 2019WP(C)/2563/2019

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of connected writ petitions challenging initial show cause notices issued by the Kochi Municipal Corporation for alleged illegal constructions. The court directed petitioners to file objections within three weeks, stipulating the main issue be finalized within a month thereafter.

What did the court decide?

Directed petitioners to file objections within three weeks; discharge to be finalized within a month thereafter.

C.J.Mathew Vs the Secretary — Municipal and Town Planning | Kerala HC (2019)

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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 SHAJI P.CHALY

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FRIDAY ,THE 08TH DAY OF FEBRUARY 2019 / 19TH MAGHA, 1940

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WP(C).No. 2563 of 2019

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PETITIONER/S:

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C.J.MATHEW AGED 44 YEARS

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S/O C.H. JOSEPH, RESIDING AT CHAKKALAKKAL HOUSE, BANK QUARTERS ROAD, NAZRETH, KOCHI-2, PINCODE-682 002.

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BY ADV. SMT.D.LEEMA ROSY

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RESPONDENT/S:

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1 THE SECRETARY KOCHI MUNICIPAL CORPORATION, CORPORATION OFFICE, PARK AVENUE, P.B.NO.1016, FORT KOCHI, KOCHI-11, PINCODE682 011.

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2 FARAL AGED 12 YEARS, WHO IS A MINOR, REPRESENTED BY HIS NEXT FRIEND WHO IS HIS MOTHER, SMITHA, ALIAS MARY JOHN, AGED 40 YEARS, W/O JOHN ANTONY, RESIDING AT ERIYANGALATHU HOUSE, 15/1585, NEW DIVISION 23, JANATHA ROAD, NAZARATH, KOCHI-2, PINCODE-682 002.

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BY ADVS. R1, SRI.P.FAZIL, SC, COCHIN CORPORATION SRI.G.KRISHNAKUMAR

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08.02.2019, ALONG WITH WP(C)NO. 3823 OF 2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).Nos. 2563 & 3823 of 2019

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JUDGMENT

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The captioned writ petitions are materially connected in respect of notices issued by the Kochi Corporation against the petitioners in the writ petitions, on the allegation of illegal constructions carried out by the petitioners. On a perusal of the notice issued by the Assistant Engineer of the Corporation, it is evident that, it is only an initial

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show cause notice, to which, the parties will have to submit suitable reply.

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concerned opinion that, these writ petitions can be disposed of with appropriate directions. Both the petitioners are given three weeks' time to file

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suitable objection to the notices issued to them by the

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competent authority of the Kochi Corporation, and if

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any such objections are received, the issue shall be

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finalised, as early as possible, and at any rate, within a month thereafter, after hearing all concerned.

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WP(C).Nos. 2563 & 3823 of 2019

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Therefore, the writ petitions are disposed of

accordingly.

Sd/-

SPR

SHAJI P.CHALY JUDGE

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WP(C).Nos. 2563 & 3823 of 2019

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE SALE DEED NO.1027/2003, 05.03.2003.

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EXHIBIT P2 TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT OF THE COMPLAINT FILED BY THE PETITIONER ON 14.1.2019.

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EXHIBIT P3 TRUE COPY OF THE STOP MEMO ISSUED BY THE IST RESPONDENT, DATED 24.1.2019.

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EXHIBIT P4 TRUE COPY OF THE PHOTOGRAPHS OF THE ILLEGAL CONSTRUCTION.

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RESPONDENT'S/S EXHIBITS:

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EXHIBIT R2(1) PHOTOGRAPH OF THE REAR PORTION OF THE PETITIONERS BUILDING.

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EXHIBIT R2(2) RECEIPT DATED 31.01.2019 ISSUED BY THE 1ST RESPONDENT RECEIVING OUR COMPLAINT TO REMOVE THE ILLEGAL CONSTRUCTION OF THE PETITIONER.

C.J.Mathew v. the Secretary

Case brief

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C.J.Mathew v. the Secretary

Case brief

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