High Court of KeralaWP(C)/31722/2015disposed of

M.A Vincent v. Corporation Of Cochin

2015-10-19Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE 19TH DAY OF OCTOBER 2015/27TH ASWINA, 1937 WP(C).No. 31722 of 2015 (M) -------------------------------------- PETITIONER:

-------------------------- M.A VINCENT S/O. ANCILY, MOONJELI HOUSE ST. BENEDICT 4TH CROSS ROAD ERNAKULAM, KOCHI BY ADV. SRI.J.JULIAN XAVIER RESPONDENTS:

---------------------------- 1.

COCHIN CORPORATION OFFICE OF THE COCHIN CORPORATION PARK AVENUE ROAD, COCHIN - 682 011 REPRESENTED BY ITS SECRETARY 2.

THE TAHSILDAR KANAYANNUR TALUK ERNAKULAM PIN - 682 011 R1 BY SRI.P.K.SOYUZ, SC, COCHIN CORPORATION R2 BY GOVERNMENT PLEADER SMT. SANJEETHA K.A.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 31722 of 2015 (M) APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 :

COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE TAHSILDAR KANNAYANNUR TALUK P2 :

COPY OF THE JUDGMENT DATED 11.6.2015 IN W.P.(C). NO. 34360/2015 P3 :

COPY OF THE HEARING NOTICE DATED 25.08.2015 ISSUED BY THE ADDL. TAHSILDAR, KANAYANNUR P4 :

COPY OF THE ORDER DATED 12.10.2015 PASSED BY THE 1ST RESPONDENT PASSED UNDER SECTION 406(3) OF THE KERALA MUNICIPALITY ACT RESPONDENT(S)' EXHIBITS:- NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE DCS

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 31722 OF 2015 ---------------------------------------- Dated this the 19th day of October, 2015

JUDGMENT

The provisional order of demolition has been confirmed by Ext. P4 order issued by the first respondent. The petitioner can as well challenge Ext. P4 order in further appeal to the Tribunal. An appeal lies to the Tribunal for Local Self Government Institutions. 2.

Any appeal filed within one month from today shall be dealt with within two months therefrom. The petitioner shall implead additional third and fourth respondents in W.P.(C). No. 34360/2014 disposed of by Ext. P2 judgment in the appeal.

The petitioner is also free to obtain appropriate interim orders in the appeal if any filed. The status quo as on today shall continue for a period of six weeks to enable the petitioner to obtain appropriate interim orders. The writ petition is disposed of.

V. CHITAMBARESH JUDGE DCS