High Court of KeralaWP(C)/2548/2015disposed of

Jareena Farooque v. Corporation Of Cochin

2015-01-27Honourable Mr. Justice Dama Seshadri Naidu5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU TUESDAY, THE 27TH DAY OF JANUARY 2015/7TH MAGHA, 1936 WP(C).No. 2548 of 2015 (P) --------------------------- PETITIONER:

-------------- JAREENA FAROOQUE, AGED 32 YEARS W/O SRI. FAROOQUE, RESIDING AT H.NO.VI/2208 GUJARATHI ROAD, MATTANCHERRY, KOCHI-682 002.

BY ADVS.SRI.P.GOPAKUMARAN NAIR SRI.C.S.DIAS SRI.N.K.SUBRAMANIAN RESPONDENTS:

----------------

1. CORPORATION OF COCHIN, ERNAKULAM, KOCHI-682 011, REPRESENTED BY ITS SECRETARY.

2. MARIYUMMA, W/O LATE MOIDEENKUTTY, RESIDING AT H.NO.VI/2209, GUJARATHI ROAD, MATTANCHERRY, KOCHI-682 002.

R1 BY ADV. SRI.RAAJESH S.SUBRAHMANIAN,SC,COCHIN CO R BY SRI.P.K.SOYUZ,SC,COCHIN CORPORATION THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 2548 of 2015 (P) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1: TRUE COPY OF THE APPLICATION DATED 19.7.2014 SUBMITTED BY SRI. MOHAMMED HUSSAIN TO THE IST RESPONDENT.

EXHIBIT P1(a): TRUE COPY OF ENGLISH TRANSLATION OF EXHIBIT P1 APPLICATION.

EXHIBIT P2: TRUE COPY OF THE INFORMATION DATED 13.10.2014 FURNISHED BY THE IST RESPONDENT TO SRI. MOHAMMED HUSSAIN. EXHIBIT P2(a): TRUE COPY OF ENGLISH TRANSLATION OF EXHIBIT P2 INFORMATION.

EXHIBIT P3: TRUE COPY OF THE REPRESENTATION DATED 10.7.2014 SUBMITTED BY MOHAMMED HUSSAIN TO THE IST RESPONDENT.

EXHIBIT P3(a): TRUE COPY OF ENGLISH TRANSLATION OF EXHIBIT P3 REPRESENTATION.

EXHIBIT P4: TRUE COPY OF THE REPRESENTATION DATED 24.12.2014 SUBMITTED BY THE PETITIONER TO IST RESPONDENT. EXHIBIT P4(a): TRUE COPY OF ENGLISH TRANSLATION OF EXHIBIT P4 REPRESENTATION.

RESPONDENTS' EXHIBITS : NIL ------------------------------- /True Copy/ P.A to Judge.

DAMA SESHADRI NAIDU, J.

---------------------------------- W.P. (C) No. 2548 of 2015 (P) ---------------------------------- Dated this the 27th day of January, 2015.

JUDGMENT

Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondent Corporation, apart from perusing the record. Since the issue lies in a narrow compass, this Court proposes to dispose of the writ petition at the admission stage itself.

2. Briefly stated, complaining of what is said to be the illegal constructions carried on by the 2nd respondent, the petitioner is said to have made Ext.P4 representation before the 1st respondent. Questioning the inaction of the 1st respondent in considering the said representation, the petitioner has filed the present writ petition.

3. In the facts and circumstances, having regard to the respective submissions of the learned Counsel for the petitioner and the learned Standing Counsel, this Court, without expressing any opinion on the merits of the matter,

W.P.(C.) No.2548/2015 -2disposes of the writ petition with a direction to the 1st respondent to consider the petitioner's Ext.P4 representation in accordance with law, after affording an opportunity of hearing to the petitioner as well as to the 2nd respondent, and pass appropriate orders thereon, as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment.

sd/- DAMA SESHADRI NAIDU, JUDGE.

W.P.(C.) No.2548/2015 -3-