Kerala High Court
Sabitha Seyad vs Secretary on 6 March, 2018
Author: A.K.Jayasankaran Nambiar
Bench: A.K.Jayasankaran Nambiar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
TUESDAY, THE 6TH DAY OF MARCH 2018 / 15TH PHALGUNA, 1939
WP(C).No. 6011 of 2018
PETITIONER(S):
SABITHA SEYAD
W/O. SEYAD, AGED 39, KARUKA JUNCTION, THIRUVAMPADY P.O,
ALAPPUZHA, ALSO HAVING ADDRESS AT SKYLINE EBONY WOODS
VILLAS, SHINE ROAD, VYTTILA IN POONITHURA VILLAGE,
KANAYANOOR TALUK,
ERNAKULAM DISTRICT.
BY ADV.SRI.SHERRY J. THOMAS
RESPONDENT(S):
1. SECRETARY, CORPORATION OF KOCHI, ERNAKULAM
2. OFFICER IN CHARGE,
ZONAL OFFICE, CORPORATION OF KOCHI, VYTILLA, KOCHI - 19.
3. PHILIP
VILLA NO.11, PRESIDENT, EBONY WOODS VILLAS, SHINE ROAD,
VYTTILA IN POONITHURA VILLAGE KANAYANOOR TALUK,
ERNAKULAM DISTRICT.
4. FRANCIS
SECRETARY,EBONY WOODS VILLAS, SHINE ROAD,
VYTTILA IN POONITHURA VILLAGE KANAYANOOR TALUK,
ERNAKULAM DISTRICT.
5. M/S SKYLINE BUILDERS,
41/349B, RAJAJI ROAD, COCHIN - 35.
R1,R2 BY ADV. SRI.E.D.GEORGE,SC,COCHIN CORPORATION
R BY SRI.JOSEPH K.L., SC, KOCHI MUNICIPAL CORPORATION
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-03-
2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 6011 of 2018 (B)
APPENDIX
PETITIONER(S)' EXHIBITS:
EXHIBIT P1: THE TRUE COPY OF THE SITE PLAN ISSUED BY THE
BUILDER.
EXHIBIT P-1A: THE TRUE COPY OF THE RECEIPT FOR BUILDING TAX.
EXHIBIT P-2: THE TRUE COPY OF THE PETITION.
EXHIBIT P-2(A): THE TRUE COPY OF THE POSTAL RECEIPT OF THE
REGISTERED PETITION.
EXHIBIT P3: TRUE COPY OF THE PHOTOGRAPHS SHOWING THE ILLEGAL
CONSTRUCTION.
RESPONDENTS EXHIBITS: NIL.
//TRUE COPY//
P.S. TO JUDGE
prp/
A.K.JAYASANKARAN NAMBIAR, J.
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W.P.(C).NO.6011 OF 2018 (B)
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Dated this the 6th day of March, 2018
JUDGMENT
The petitioner has preferred Ext.P2 representation before the 1 st respondent, alleging an unauthorised construction by respondents 3 and
4. The limited prayer of the petitioner is for a direction to the 1 st respondent to consider and pass orders on Ext.P2 representation submitted by her, expeditiously, after hearing her.
2. I have heard the learned counsel for the petitioner as also the learned Government Pleader for the respondents.
On a consideration of the facts and circumstances of the case as also the submissions made across the bar, I dispose the writ petition with a direction to the 1st respondent to consider and pass orders on Ext.P2 representation, preferred by the petitioner, within a period of three weeks from the date of receipt of a copy of this judgment, after hearing the petitioner or her representative and respondents 3 to 5. The petitioner shall produce a copy of the writ petition along with a copy of this judgment, before the 1st respondent, for further action.
Sd/-
A.K.JAYASANKARAN NAMBIAR JUDGE prp/6/3/18