IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 32612 of 2009(V)
1. C.R.UNNI,CHANIYAMURI HOUSE,
... Petitioner
Vs
1. THE SECRETARY, CORPORATION OF COCHIN,
... Respondent
2. A.J.FRANCIS,STALL NO. I A,THEVARA
3. P.D.JOSE,STALL NO. 18,THEVARA MARKETING
For Petitioner :SRI.SANU.S.PANICKER
For Respondent :SRI.PRAVEEN K.JOY,SC,COCHIN CORPORATION
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :22/09/2010
O R D E R
P.N.RAVINDRAN, J.
-------------------------------
W.P.(C) No. 32612 of 2009
-------------------------------
Dated this the 22nd day of September, 2010
J U D G M E N T
The petitioner has filed this writ petition challenging the
allotment of shop rooms in Thevara Market to various persons which
was made in the year 1972. In Ext.P4 representation submitted by
the petitioner it is alleged that the shop rooms were let out without
inviting tenders or by public auction and that the Corporation has
thereby been put to considerable loss. In Ext.P4, the petitioner has
requested the Secretary of Cochin Corporation to allot one shop in
Thevara Market to him. Ext.P4 itself discloses that the allotment in
question was made in the year 1972, long before the Kerala
Municipality Act was enacted and brought into force. The main
contention raised by the petitioner is that allotment was not in tune
within Section 215(2) of the Kerala Municipality Act. The allotment
having been made in the year 1972, the petitioner cannot rely on a
later law to contend that the allotment is illegal. In such
circumstances, I find no grounds to proceed further with this writ
petition. The writ petition fails and is accordingly dismissed.
P.N.RAVINDRAN,
Judge.
nj.