Vincent V.J. through Power of Attorney Holder Jacob V.J. Vs the Secretary — Kerala HC (2025) — LawSathi Research

Vincent V.J. through Power of Attorney Holder Jacob V.J. Vs the Secretary — Kerala HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of: Ext.P6 to be treated as a preliminary order; petitioners permitted to submit objections within two weeks of receipt of the judgment; respondent to hear the petitioners and the complainant and pass appropriate orders within two months of submission of objections; implementation of Ext.P6 kept in abeyance until such decision; if no objection is filed in time, the respondent is free to proceed further with Ext.P6.

Issue for consideration

Whether the Ext.P6 notice issued by the Corporation of Kochi requiring removal of alleged unauthorised constructions can be enforced against the petitioners without any prior notice and without affording them an opportunity to be heard.

Court's answer

A notice in the nature of Ext.P6 cannot be enforced unless an opportunity to submit objections is granted to the petitioners and a final order is passed after hearing them.

Ratio / Principle

This writ petition is disposed of, permitting the petitioners to submit their objection to Ext.P6 by treating the same as a preliminary order.

Key takeaways

Such objection shall be submitted by the petitioners within a period of two weeks from the date of receipt of a copy of the judgment.ratio¶26
Thereupon, the respondent shall hear the petitioners and the person who submitted the complaint, and pass appropriate orders thereon within a period of two months from the date of submission of such objection.ratio¶26
If no objection is submitted by the petitioners within the stipulated time, it shall be open for the respondent to proceed further with Ext.P6.

Detailed headnote1 paragraphs

Natural justice - opportunity of hearing - Ext.P6 notice issued by the Corporation of Kochi requiring removal of alleged unauthorised constructions cannot be enforced unless an opportunity to submit objections is granted and a final order is passed after hearing the affected persons; notice treated as a preliminary order; objections to be filed within two weeks, hearing of petitioners and complainant and final orders within two months, implementation of Ext.P6 kept in abeyance meanwhile; failing timely objection, Corporation free to proceed with Ext.P6. (W.P.C No. 10977 of 2025; decided 20.03.2025; Justice Ziyad Rahman A.A.)

2025:KER:24533

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

THURSDAY, THE 20^TH DAY OF MARCH 2025 / 29TH PHALGUNA, 1946

WP(C) NO. 10977 OF 2025

PETITIONER/S:

1 VINCENT V.J. THROUGH POWER OF ATTORNEY HOLDER JACOB V.J.AGED 48 YEARS S/O JOSEPH V.J. AGED 45 YEARS HOUSE NO: 22/ 27121, VALIYAPARAMBIL HOUSE BEHIND SANTA MARIA CONVENT, MUNDAMVELI P.O., KOCHI, REPRESENTED BY POWER OF ATTORNEY HOLDER JACOB V.J., S/O JOSEPH V.J. AGED 48 YEARS HOUSE NO. 20/331, VALIYAPARAMBIL HOUSE, NEAR OLD SANTHOME CHURCH, MUNDAMVELI P.O. KOCHI, PIN - 682507

2 THOMAS JOSEPH AGED 45 YEARS S/O. JOSEPH KONNOTH JACOB KONNOTH HOUSE WARD NO. 22, DOOR NO. 2726/1 NEAR KAZHUTHUMUTTU BRIDGE MUNDAMVELI P.O., KOCHI, PIN - 682507

BY ADV STEFFY V.J.

RESPONDENT/S:

THE SECRETARY,COPORATION OF KOCHI OFFICE OF THE CORPORATION OF KOCHI NEAR BOAT JETTY, P.B.NO: 1016 COCHIN, ERNAKULAM DISTRICT KERALA, PIN - 682011

BY ADV D.G.VIPIN

Shri.K.Janardhana Shenoy, S.C

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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JUDGMENT

The petitioners are aggrieved by the Ext.P6 notice issued by the respondent herein, requiring the 1^st petitioner to remove certain constructions allegedly made by them on their property unauthorisedly. According to the petitioners, no prior notice was issued to the petitioners before Ext.P6 and steps are being taken to implement the same without hearing the petitioners.

On going through the contents of Ext.P6, it is seen that, there is no indication of any prior notice to the petitioners and evidently the respondent had acted upon a complaint submitted by a third person. As far as a notice in the nature of Ext.P6 is concerned, the same cannot be enforced unless an opportunity to submit the objections is granted to the petitioners, and a final order is passed after hearing them.

After hearing the learned counsel for the petitioners and the learned Standing Counsel for the respondent, this writ petition is disposed of, permitting the petitioners to submit their objection to Ext.P6 by treating the same as a preliminary order.

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Such objection shall be submitted within a period of two weeks from the date of receipt of a copy of this judgment and thereupon, the respondent shall hear the petitioners and the person who submitted the complaint, and appropriate orders thereon shall be passed, within a period of two months from the date of submission of such objection. In case no objection as mentioned above is submitted within the stipulated time by the petitioners, it shall be open for the respondent to proceed further Ext.P6. It is further ordered, that the implementation of Ext.P6 shall be kept in abeyance until such a decision is taken subject to the above.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE

rpk

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APPENDIX OF WP(C) 10977/2025

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF LAND TAX RECEIPT DATED 02.05.2024 Exhibit P2 TRUE COPY OF LAND TAX RECEIPT DATED 02.05.2024 Exhibit P3 TRUE COPY OF LAND TAX RECEIPT DATED 02.05.2024 Exhibit P4 TRUE COPY OF LAND TAX RECEIPT DATED 02.05.2024 Exhibit P5 TRUE COPY OF LAND TAX RECEIPT DATED 02.05.2024 Exhibit P6 NOTICE FROM CORPORATION DATED 10.03.2025 Exhibit P7 REPLY NOTICE TO CORPORATION DATED 13.03.2025