Kerala High Court
Reji M.Cherian vs Corporation Of Kochi
Author: A.K.Jayasankaran Nambiar
Bench: A.K.Jayasankaran Nambiar
IN THE HIGH COURT OF KERALA ATERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
MONDAY, THE 20TH DAYOF MARCH 2017/29TH PHALGUNA, 1938
WP(C).No. 6599 of 2017 (Y)
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PETITIONER(S):
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1. REJI M.CHERIAN
AGED 47 YEARS, S/O. CHERIAN VARKEY, G-95,
PANAMPILLY NAGAR, KOCHI - 682 036.
2. NISHA MATHEW,
AGED 42 YEARS, W/O. REJI M.CHERIAN, G-95,
PANAMPILLY NAGAR, KOCHI - 682 036.
BY ADVS.SRI.SANTHOSH MATHEW
SRI.ARUN THOMAS
SRI.JENNIS STEPHEN
SRI.ALPHIN ANTONY
SRI.VIJAYV.PAUL
SMT.MARIA ROY
SMT.VEENA RAVEENDRAN
RESPONDENT(S):
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1. CORPORATION OF KOCHI
CORPORATION OFFICE, PARK AVENUE, COCHIN - 682011,
REPRESENTED BY ITS SECRETARY.
2. THE SECRETARY,
CORPORATION OF KOCHI, REPRESENTED BY ITS SECRETARY,
CORPORATION OFFICE, PARK AVENUE, COCHIN - 682011.
R1,R2 BY ADV. SMT.P.LISSY JOSE,SC,COCHIN CORPORATION
R BY SRI.P.K.SOYUZ,SC,COCHIN CORPORATION
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20-03-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 6599 of 2017 (Y)
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APPENDIX
PETITIONER(S)' EXHIBITS:
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EXHIBIT P1 TRUE COPY OF THE SALE DEED NO. 1/3321/7 DATED 23-8-97
EXECUTED IN FAVOUR OF THE PETITIONERS.
EXHIBIT P2 TRUE COPY OF THE SAID SALE DEED NO.630/1/1994 DATED 4-2-1994.
EXHIBIT P3 TRUE COPY OF THE LICENCE ISSUED BY CORPORATION OF KOCHI
TO M/S. VASAN DENTAL HOSPITALS PVT.LTD.
EXHIBIT P4 TRUE COPY OF THE CERTIFICATE OF REGISTRATION ISSUED TO
M/S/ VASAN DENTAL HOSPITALS PVT. LTD. UNDER THE KERALA VALUE ADDED
TAX RULES, 2005.
EXHIBIT P5 TRUE COPY OF THE PROPERTY TAX RECEIPT ISSUED BY THE
VILLAGE OFFICE, ERNAKULAM VILLAGE TO THE PETITIONER.
EXHIBIT P5(A) TRUE COPY OF THE COPY OF THE LATEST TAX RECEIPT ISSUED BY
THE CORPORATION OF KOCHI, IN RESPECT OF BUILDING BEARING CC NO.55/980
(OLD 28/104D) (GROUND FLOOR)
EXHIBIT P5(B) TRUE COPY OF THE LATEST TAX RECEIPT ISSUED BY THE
CORPORATION OF KOCHI, IN RESPECT OF BUILDING BEARING CC NO.55/981(OLD
28/104E) (FIRST FLOOR).
EXHIBIT P5(C) TRUE COPY OF THE COPIES OF THE LATEST TAX RECEIPT ISSUED
BY THE CORPORATION OF KOCHI, IN RESPECT OF BUILDING BEARING CC NO.
55/982 (OLD 28/104F) SECOND FLOOR.
EXHIBIT P5(D) TRUE COPY OF THE LATEST TAX RECEIPT ISSUED TO THE
CORPORATION OF KOCHI, IN RESPECT OF BUILDING BEARING CC.NO. 55/983 (OLD
28/104G) (THIRD FLOOR).
EXHIBIT P6 TRUE COPY OF THE APPLICATION (WITHOUT ANNEXURES)
SUBMITTED BY THE PETITIONERS DATED 1-2-2017 FOR CHANGE IN OCCUPANCY
BEFORE THE CORPORATION OF KOCHI.
EXHIBIT P7 TRUE COPY OF THE COVERING LETTER EXHIBIT P6 SUBMITTED BY
THE PETITIONERS TO THE CORPORATION OF KOCHI.
EXHIBIT P8 TRUE COPY OF THE COMMON JUDGMENT IN W.P(C), NO.10130/2015
AND CONNECTED CASES OF THIS HONOURABLE COURT.
RESPONDENT(S)' EXHIBITS: NIL.
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//TRUE COPY//
P.S.TO JUDGE
A.K.JAYASANKARAN NAMBIAR, J.
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W.P.(C).NO.6599 OF 2017 (Y)
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Dated this the 20th day of March, 2017
J U D G M E N T
The petitioners have approached this Court, aggrieved by the inaction on the part of the respondents, in accepting and considering Ext.P6 application submitted by the petitioners, for a change in occupancy of a building. It is the case of the petitioners that, on account of Ext.P8 judgment of this Court, the respondents have taken a stand that they cannot accept Ext.P6 application submitted by the petitioners.
2. I have heard the learned counsel for the petitioners as also the learned Standing counsel for the respondents.
Taking note of the submission of the learned counsel for the petitioners that Ext.P8 judgment would have no application to the facts in the petitioners case, which, according to the petitioners, are clearly distinguishable, the writ petition is disposed, by directing the 2nd respondent, to accept Ext.P6 application submitted by the W.P.(C).No.6599/2017 2 petitioners, and to consider the same, in accordance with law, and pass orders thereon within a period of three weeks from the date of receipt of a copy of this judgment, after hearing the petitioners. The 2nd respondent, while considering Ext.P6 application, shall specifically advert to clause 4.13 of the Structure Plan of the General Town Planning Scheme of the Central City of Kochi, that is relied upon by the petitioners. The petitioners shall produce a copy of the writ petition along with a copy of this judgment, before the 2nd respondent, for further action.
A.K.JAYASANKARAN NAMBIAR JUDGE prp/20/3/17