P. Udaya Senan vs The Corporation Of Kochi on 25 February, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 6056 of 2009(B)


1. P. UDAYA SENAN, AGED 55 YEARS,
                      ...  Petitioner

                        Vs



1. THE CORPORATION OF KOCHI,
                       ...       Respondent

2. THE SECRETARY,

3. THE TAHSILDAR,

                For Petitioner  :SRI.THOMAS M.JACOB

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :25/02/2009

 O R D E R
                             S.SIRI JAGAN, J.

                      ==================

                         W.P(C).No.6056 of 2009

                      ==================

               Dated this the 25th day of February, 2009

                             J U D G M E N T

The petitioner is aggrieved by the revenue recovery proceedings

initiated for recovery of defaulted arrears of rent due from the

petitioner to the Corporation of Cochin. According to the petitioner, the

demand is barred by section 539 of the Kerala Municipality Act.

Detailing the contention of the petitioner against such recovery, the

petitioner has filed Ext.P11 petition before the 2nd respondent. The

petitioner now confines his prayer for a direction to the 2nd respondent

to consider and pass orders on Ext.P11 and to stay recovery

proceedings till then.

2. I have heard the learned Standing Counsel appearing for

respondents 1 and 2 as well as the learned Government Pleader

appearing for the 3rd respondent.

3. After hearing both sides, I dispose of this writ petition with

a direction to the 2nd respondent to consider and pass orders on

Ext.P11, as expeditiously as possible, at any rate, within one month

from the date of receipt of a certified copy of this judgment, after

affording an opportunity of being heard to the petitioner. Till orders are

thus passed, further recovery proceedings, which is the subject matter

of Ext.P11, shall be kept in abeyance. The petitioner shall produce a

w.p.c.6056/09 2

copy of the writ petition along with a certified copy of this judgment

before the 2nd respondent for compliance.

Sd/-

sdk+                                            S.SIRI JAGAN, JUDGE


          ///True copy///


                             P.A. to Judge