Petitioners sought to quash an encroachment order, challenging the Secretary of the Corporation of Kochi's finding that no encroachment existed. The Court dismissed the petition, refusing to interfere with the factual findings.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 26TH DAY OF MARCH 2021 / 5TH CHAITHRA, 1943
WP(C).No.15606 OF 2014(A)
PETITIONERS:
1 T.P JACOB AGED 67 YEARS, S/O.PHILIP, ROSE VILLA, P.D ROAD, PALLURUTHY, KOCHI 682 006.
BY ADVS.
SRI.JAGADEESH LAKSHMAN SRI.N.S.DAYA SINDHU SHREE HARI
RESPONDENTS:
2 ASSISTANT EXECUTIVE ENGINEER
W.P.(C)No.15606 of 2014-A
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6 BINDU W/O.KOSHORE RAJAN,A.KOMACHAMPARAMBIL HOUSE, P.D ROAD,PALLURUTHY,KOCHI 682 006. TALUK SURVEYOR, KOCHI.
R1-2 BY ADV. SRI.R.HARISHANKAR,SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.15606 of 2014-A
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JUDGMENT
Dated this the 26th day of March, 2021
This writ petition is filed by the petitioners seeking to quash Ext.P7 by issuing a writ of certiorari. Ext.P7 is an order passed by the Secretary of the Cochin Corporation apparently on the basis of a direction issued by this court in W.P.(C)No.5185 of 2019 to consider a representation submitted by the petitioners and to identify as to whether there is any encroachment into a public pathway by the party respondents in the writ petition namely respondents 3 to 6. The Secretary of the Corporation, after having conducted the enquiry and carrying out the measurements with the assistance of the Taluk Surveyor, found that there is no encroachment into any public property in respect of the construction carried out by the party respondents. It is thus challenging the legality and correctness of the said order, this writ petition is filed.
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the petitioners a deep-seated enquiry was conducted by the Secretary of the Corporation with the assistance of the Taluk Surveyor and has come to the clear cut finding that there is no encroachment into any puramboke property while the constructions were carried out by the party respondents.
Constitution of India.
In that view of the matter, the writ petition fails. Accordingly, it is dismissed.
Sd/- Shaji P.Chaly Judge
vpv
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APPENDIX
PETITIONER'S EXHIBITS:
| EXHIBIT | P1 PHOTOCOPY OF THE COMPLAINT DTD 29-11-2007 BEFORE THE R.D.O FORT KOCHI. |
|---|---|
| EXHIBIT | P2 PHOTOCOPY OF THE RPERESENTATION DTD 20-09-2008 SUBMITTED BEFORE THE 1ST RESPONDENT. |
| EXHIBIT | P3 PHOTOCOPY OF THE NOTICE DTD 15-11-2008 ISSUED BY THE 2ND RESPONDENT. |
| EXHIBIT | P4 PHOTOCOPY OF THE LETTER DTD 2-12-2008 ISSUED BY THE 2ND RESPONDENT. |
| EXHIBIT | P5 PHOTOCOPY OF THE JUDGMENT DTD 26-03-2013 IN WPC 5185 OF 2009. |
| EXHIBIT | P6 PHOTOCOPY OF THE REPRESENTATION DTD 31-08-2013 SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT. |
| EXHIBIT | P7 PHOTO COPY OF THE ORDER DTD 7-2-2014 ISSUED BY 2ND RESPONDENT. |
| EXHIBIT | P8 PHOTO COPY OF THE LETTER NO S2-2056/14 DTD 6-2-2014 OF THE TALUK SURVEYOR,KOCHI. |
| EXHIBIT | P9 PHOTO COPY OF THE JUDGMENT DTD 24-2-2014 IN C.C (C) NO 75/2014 CLOSING THE CONTEMPT OF CPOURT CASE. |
/TRUE COPY/
P.A. TO JUDGE
1 issue framed by the court
Whether the High Court should interfere with the factual findings of the Corporation Secretary regarding the absence of encroachment in a public pathway.
T.P Jacob
M.V Madhu
Secretary, Corporation of Kochi
Assistant Executive Engineer, Corporation of Kochi
Rajan C.C
Bindu
Shaji P.Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
