SURESH Vs. CORPORATION OF COCHIN
HIGH COURT OF KERALA
CORPORATION OF COCHIN
Click here to view full judgement.
(1.) In view of the nature of the contentions, that have been raised in these Writ Petitions, they are disposed of by a common judgment.
(2.) M/S. Murali Purushothaman, Paulson Thomas and Philip J. Vettickattu had appeared on behalf of the petitioners. Sri. N.N. Sugunapalan and Sri. Premchand had represented the Corporation of Kochi.
(3.) The facts could be stated as herein below:
The petitioner in W.P.(C) No. 21382/2003 had been given permission, in 1988, for putting up a bunk shop on the side of a road within the Corporation area. This was with a specific condition that she would be obliged to remove the bunk, without any sort of claims, on demand by the Corporation. The petitioner had put up the bunk at her costs and had been in occupation thereof ever since and is attending to job works of typewriting. However, the licence fee and ground rent were accepted thereafter only up to 1998. Thereafter the Corporation had been refusing to receive the ground rent and no licence is issued.
In respect of W.P.(C) No. 21546 of 2003, the original allotment was in 1988 and the petitioner is conducting C - class shop. Here also for the past about 4 to 5 years the Corporation had not been receiving ground rent offered. There are four petitioners in W.P.(C) No. 21586/2003 the allotment was in the year 1992. It was for a two year period, but there was no renewal effected thereafter. In W.P.(C) No. 21654/2003, the petitioners are identically situated and here also there is no licence as at present and as in the other cases. The petitioners are occupying the premises on the strength of the first allotments.
It is stated that the officers of the Corporation has now instructed them to remove the shops forthwith. This necessitated the filing of the Writ Petitions, as according to them, the insistence for vacating the premises and removing the bunks are unsupportable.;
Copyright © Regent Computronics Pvt.Ltd.