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N M R Siraj v. Corporation of Kochi

Kerala HC8 Aug 2022WP(C)/16227/2022

Case brief

AI extract

What is this about?

Single bench disposition of a writ petition concerning the transfer of apartment building ownership. The Court directed the Secretary to consider the petitioner's fresh application within one month, leaving the retrospective property tax issue open.

What did the court decide?

Directing the respondent to consider the petitioner's fresh application for change of ownership and pass appropriate orders within one month.

N M R Siraj Vs Corporation of Kochi — Property and Title | Kerala HC (2022)

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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 N.NAGARESH

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MONDAY, THE 8^TH DAY OF AUGUST 2022 / 17TH SRAVANA, 1944 WP(C) NO. 16227 OF 2022

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PETITIONER:

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N M R SIRAJ AGED 62 YEARS S/O P.S.N. ROWTHER, APARTMENT NO 7D, JOMER AVALON, CARRIER STATION ROAD, ERANKULAM SOUTH, KOCHI-682 016, NOW RESIDING AT OASIS, L-15, KAWAHAR NAGAR, THIRUVANANTHAPURAM-695 003.

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BY ADV LATHEESH SEBASTIAN

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RESPONDENTS:

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1 CORPORATION OF KOCHI CORPORATION OFFICE, PARK AVENUE, P.B NO 1016,COCHIN-682 011, REPRESENTED BY ITS SECRETARY.

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2 SECRETARY, CORPORATION OF KOCHI, CORPORATION OFFICE, PARK AVENUE, P B NO.1016, COCHIN-682 011. BY ADV P.Y.SHEHEERA

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 16227 OF 2022

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JUDGMENT

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Dated this the 8^th day of August, 2022

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The petitioner along with his wife purchased an Apartment Unit bearing Building No.39/1415 B(6) (with internal No.7D) at Jomer Avalon Apartment, Carrier Station Road, Ernakulam South on 25.10.2006.

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The petitioner submitted an application to the 2^nd respondent-Secretary to the Corporation of Kochi seeking to change ownership of the building in favour of the petitioner and his wife. The application was submitted on 22.07.2014. Since the respondents did not act upon the said application, the petitioner filed the above writ petition seeking to direct the 2^nd respondent-Secretary to the Corporation of Kochi to change ownership of the Apartment Building No.7D at Jomer Avalon Apartment, within a time frame.

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WP(C) NO. 16227 OF 2022

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The 2^nd respondent-Secretary to the Corporation filed a counter affidavit in the writ petition. The 2^nd respondent-Secretary pointed out that though the petitioner has submitted an application, the building number was erroneously mentioned therein. If the petitioner resubmits his application for change of ownership of the building with the correct building number along with necessary documents, the respondents can consider the application as expeditiously as possible.

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Counsel for the petitioner submits that the petitioner has now submitted an application afresh marked as Ext.P9, on 12.07.2022. In view of the application now submitted by the petitioner, this Court is of the view that the writ petition can be disposed of with appropriate directions.

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In the circumstances of the case, the writ petition is disposed of directing the 2^nd respondent-Secretary to the Corporation of Kochi to consider Ext.P9 application submitted

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WP(C) NO. 16227 OF 2022

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by the petitioner for change of ownership of the Apartment Unit and pass appropriate orders thereon, within a period of one month. Issue raised by the petitioner about retrospective

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application of property tax, is left open.

Sd/-

N.NAGARESH

JUDGE

spk

WP(C) NO. 16227 OF 2022

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APPENDIX OF WP(C) 16227/2022

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PETITIONER EXHIBITS

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Exhibit P1	TRUE COPY OF SALE DEED NO 5871/2006 OF ERNAKULAM SRO
Exhibit P2	TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THE ERNAKULAM VILLAGE OFFICE DATED 17.12.2014
Exhibit P3	TRUE COPY OF THE ENCUMBRANCE CERTIFICATE OF THE PROPERTY OF THE PETITIONER ISSUED FROM SUN REGISTRAR OFFICE, ERNAKULAM DATED 2.9.2013
Exhibit P4	TRUE COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT DATED 22.7.2014
Exhibit P5	TRUE COPY OF THE QUESTIONNAIRE UNDER THE RIGHT TO INFORMATION ACT SUBMITTED BY THE PETITIONER DATED 22.3.2021
Exhibit P6	TRUE COPY OF THE REPLY GIVEN BY THE INFORMATION OFFICER IN THE OFFICE OF THE 2ND RESPONDENT DATED 19.4.2021
Exhibit P7	TRUE COPY OF THE REQUEST FOR THE PETITIONER SUBMITTED TO THE 2ND RESPONDENT DATED 27.7.2021
Exhibit P7(A)	TRUE COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT DATED 27.7.2021
Exhibit P8	TRUE COPY OF THE COMPLAINT OF THE PETITIONER DATED 9.1.2022 SUBMITTED TO DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI-CORRUPTION BUREAU, ERNAKULAM UNIT
Exhibit p9	TRUE COPY OF THE APPLICATION OF THE PETITIONER DATED 12.07.2022.

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RESPONDENT'S/S EXHIBITS : NIL

N M R Siraj v. Corporation of Kochi

Case brief

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N M R Siraj v. Corporation of Kochi

Case brief

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