VINCENT V.J. THROUGH POWER OF ATTORNEY HOLDER JACOB V.J. v. THE SECRETARY
WP(C)/10977/2025 · 2025-03-20
Ziyad Rahman A A
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 4787 (KER) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 4787 (KER) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:KER:24533 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
THURSDAY, THE 20TH 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/ 2712- 1, 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:
W.P.C No. 10977 of 2025 2 2025:KER:24533 JUDGMENT The petitioners are aggrieved by the Ext.P6 notice issued by the respondent herein, requiring the 1st 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. 2. 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.
W.P.C No. 10977 of 2025 3 2025:KER:24533 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
W.P.C No. 10977 of 2025 4 2025:KER:24533 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