The court issued an interim direction staying coercive action under the Kerala Municipality Act until the respondent corporation considers the petitioner's explanation and passes orders within one month.
Direction to 2nd respondent to consider explanation within one month; stay on coercive steps under Ext.P6 and P8.
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 MURALI PURUSHOTHAMAN
FRIDAY, THE 6TH DAY OF JANUARY 2023 / 16TH POUSHA, 1944
WP(C) NO. 293 OF 2023
PETITIONERS:
1 MOHANKUMAR K. G. AGED 63 YEARS S/O. K.GOPINATHAN NAIR, RESIDING AT VYSAKHAN, KOTTARAPARAMBIL, THAIKATTUKARA P. O., MUTTOM, ALUVA, ERNAKULAM PIN – 683 106. 2 RATHEESAN P. P. AGED 69 YEARS S/O.PURUSHOTHAMAN, RESIDING AT POKKANCHERY HOUSE, VYSAKHAN, MARADU P. O., ERNAKULAM, PIN – 682 304. 3 SELVARAJ P. S. AGED 62 YEARS S/O. SUKUMARAN, PULLICAKAL HOUSE, KOOMBAYIL JETTY ROAD, S.N. JUNCTION, PANANGAD P. O., ERNAKULAM, PIN – 682 506. 4 K.JAYAKUMAR AGED 63 YEARS S/O. KRISHNAPILLAI, PINDANIL HOUSE, NIRAVATHU ROAD, MARADU P. O., ERNAKULAM, PIN – 682 304. 5 C.K. JOSE AGED 67 YEARS S/O. KURIAN, CHIRAKAL HOUSE, KIDANGAOOR P. O., ANGAMALI, ERNAKULAM, PIN – 683 572.
BY ADV SRI. T.RAJASEKHARAN NAIR
RESPONDENTS:
WP(C).No.293 OF 2023
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3 THE ASSISTANT ENGINEER LSGD, COCHIN MUNICIPAL CORPORATION, VYTTILA ZONAL-OFFICE, (ENGINEERING AND TOWN PLANNING), VYTTILA, ERNAKULAM, PIN – 682 019. SMT. VIDYA KURIAKOSE – GP SRI. VIPIN D.G - SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.293 OF 2023
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JUDGMENT
The petitioners have approached this Court challenging Exts.P6 and P8 notices whereby coercive actions have been proposed against them alleging that they have carried out the construction in breach of licensing provisions under the Kerala Municipality Act, 1994.
WP(C).No.293 OF 2023
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the petitioners have already submitted Ext.P7 explanation, there will be a direction to the 2nd respondent to consider Ext.P7 with notice to the petitioners and the complainant referred to in Ext.P6 and orders shall be passed within a period of one month from the date of receipt of a copy of this judgment. Till orders are passed as above, there shall not be any coercive steps against the petitioners pursuant to Exts.P6 and P8.
The writ petition is disposed of with the above
direction.
Sd/-
MURALI PURUSHOTHAMAN JUDGE
SPR
WP(C).No.293 OF 2023
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APPENDIX
PETITIONER EXHIBITS:-
| EXHIBIT | P1 A TRUE PHOTOCOP |
Y OF THE SALE DEED |
|---|---|---|
| EXECUTED IN FAVOU 28.07.2000. |
R OF THE PETITIONERS ON | |
| EXHIBIT | P2 A TRUE PHOTOCOPY |
OF THE LICENCE ISSUED |
| BY THE CORPORATI PETITIONER DTD.08. |
ON IN FAVOUR OF THE 11.2000. |
|
| EXHIBIT | P3 A TRUE PHOTOCOP LETTER PUBLISHED D |
Y OF THE INVITATION URING THE YEAR 2000. |
| EXHIBIT | P4 A TRUE PHOTOCOPY THE RENEWAL OF 25.02.2022. |
OF THE RECEIPT SHOWING THE LICENCE ISSUED ON |
| EXHIBIT | P5 A TRUE PHOTOCOPY THE REMITTANCE OF |
OF THE RECEIPT SHOWING BUILDING TAX. |
| EXHIBIT | P6 A TRUE PHOTOCOPY 14.10.2022 ISSUED |
OF THE NOTICE DATED BY THE 2ND RESPONDENT. |
| EXHIBIT | P7 A TRUE PHOTOCOP SUBMITTED BY ONE 08.11.2022. |
Y OF THE EXPLANATION OF THE PETITIONER DATED |
| EXHIBIT | P8 A TRUE PHOTOCOPY 20.12.2022 ISSUED |
OF THE NOTICE DATED BY THE 3RD RESPONDENT. |
| EXHIBIT | P9 A TRUE PHOTOCOPY |
OF THE LETTER DATED |
| 06.03.2021 SUBMIT BY ONE BINISH KOYA |
TED THE 2ND RESPONDENT KKAL. |
RESPONDENTS EXHIBITS: NIL.
3 issues framed by the court
Whether coercive action can be taken against petitioners when an explanation has already been submitted.
Whether the respondent corporation is directed to consider the submission before passing orders.
Whether interim relief stays coercive steps against the petitioners.
1 provisions across 1 enactments
Mohankumar K.G..
Ratheesan P.P.
Selvaraj P.S.
K.Jayakumar
C.K. Jose
The Kochi Municipal Corporation
Murali Purushothaman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
