Disposed

A.M.Youseff Sait v. Siddique

Kerala HC26 Mar 2021WP(C)/14713/2014

Case brief

AI extract

What is this about?

The petitioner filed a writ petition complaining of illegal construction by the 1st respondent in a property within Kochi Corporation limits. The writ petition, pending since 2014, was disposed of directing the Corporation Secretary to consider a specific complaint if still under consideration, subject to pending civil court orders, within two months.

What did the court decide?

Direction to the Secretary of the Corporation to consider Ext.P2 complaint if remaining under consideration, subject to pending civil court orders, within two months.

A.M.Youseff Sait Vs Siddique — Public Procurement and Tenders | Kerala HC (2021)

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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 26TH DAY OF MARCH 2021 / 5TH CHAITHRA, 1943

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WP(C).No.14713 OF 2014(L)

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PETITIONER:

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A.M.YOUSEFF SAIT, RESIDING AT 8/207, MAMMA VILLA, GUJARATHI ROAD, KOCHI -682 002, MUTHAWALI, CUTCHI HANAFI MOSQUE, MATTANCHERY, KOCHI -2, ALSO KNOWN AS CUTCHI MEMON HANAFI JAMA AT PALLI WAKF.

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BY ADV. SRI.P.U.ZIYAD

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RESPONDENTS:

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1 SIDDIQUE C.C 6/837, MALOTHU PARAMBU, MATTANCHERY, KOCHI - 682 002.

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2 CORPORATION OF KOCHI REPRESENTED BY THE SECRETARY, CORPORATION OFFICE, PARK AVENUE ROAD, KOCHI -11.

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3 KERALA STATE WAKF BOARD REPRESENTED BY THE CHIEF EXECUTIVE OFFICER, WAKF BOARD OFFICE, VIP ROAD, KALOOR, KOCHI - 682 017.

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4 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, THIRUVANANTHAPURAM -695 001.

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BY ADV. SRI.K.J.MANU RAJ R2 BY ADV. SRI.V.S.SREEJITH, SC, COCHIN CORPORATION

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C)No.14713 of 2014-L

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JUDGMENT

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Dated this the 26^th day of March, 2021

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This writ petition is filed by the petitioner complaining that an illegal construction is carried out by the 1^st respondent in a property within the limits of the Corporation of Kochi. According to the petitioner, the said complaint was kept pending without taking any action and which persuaded the petitioner to approach this court by filing this writ petition.

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The writ petition was pending before this court from the year 2014 without securing any interim orders. Normally it cannot be believed that any application filed before the Corporation is pending consideration at this distance of time but however learned counsel for the Corporation as well as the counsel for the petitioner submitted that perhaps consequent to the pendency of O.S.No.404 of 2010 before the Munsiff's Court, Kochi, action may not have been taken on the basis of the complaint submitted by the petitioner. Anyhow, the writ petition is to be disposed of since it is a very old matter.

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Having heard learned counsel for the petitioner Sri.P.U.Ziyad and learned standing counsel for the Corporation Sri.V.S.Sreejith, this writ petition is disposed of, directing the Secretary of the Corporation to consider Ext.P2 complaint if it is still remaining consideration, however

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W.P.(C)No.14713 of 2014-L

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subject to any orders passed by the civil court in the pending proceedings as is specified above. The exercise shall be completed at the earliest and at any rate within two months from the date of receipt of a copy of this judgment subject to any orders passed by the court in the proceeding specified above. However I make it clear that if already a decision is taken on the basis of Ext.P2 complaint, the issue shall not be reopened and the order and the directions contained above shall stand vacated.

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Sd/-

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Shaji P.Chaly Judge

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vpv

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W.P.(C)No.14713 of 2014-L

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT DATED 22/05/2014. EXHIBIT P2 TRUE COPY OF THE COMPLAINT DATED 25/04/2014. EXHIBIT P3 TRUE COPY OF THE RECEIPT DATED 25/04/2014 ISSUED BY THE 2ND RESPONDENT.

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/TRUE COPY/

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P.A. TO JUDGE

A.M.Youseff Sait v. Siddique

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A.M.Youseff Sait v. Siddique

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