IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 24960 of 2008(U)
1. C.P.GEORGE ALINE GEORGE PETER,
... Petitioner
Vs
1. CORPORATION OF KOCHI, REPRESENTED BY
... Respondent
2. SECRETARY, CORPORATION OF KOCHI.
3. ASSISTANT EXECUTIVE ENGINEER,
4. THILOTHAMA KARTHIKEYAN, W/O.KARTHIKEYAN,
For Petitioner :SRI.N.SUKUMARAN
For Respondent :SRI.K.ANAND, SC, COCHIN CORPN.
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :26/08/2008
O R D E R
ANTONY DOMINIC, J.
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No. 24960 OF 2008 U
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Dated this the 26th day of August 2008
J U D G M E N T
The challenge in this writ petition is against Ext. P3 stop
memo.
2. Though several contentions have been raised, I do not think
that an examination of all those contentions on the merits of the
controversy is warranted for the disposal of this writ petition.
3. It is seen that Ext. P3 stop memo has been issued by the
Assistant Executive Engineer of the Corporation. According to
counsel for the petitioner, a notice in the nature of Ext. P3 could
have been issued only by the Secretary and not by the Asst.
Executive Engineer. Standing Counsel, Shri. K. Anand, on
instructions, submits that the power of the Secretary has been
delegated. But such delegation has been given only to the Town
Planning Officer. If that be so, the admitted position is that the
Asst. Executive Engineer who has issued Ext. P3 lacks competence
W.P.(C) No. 24960 OF 2008
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to issue a notice in the nature of Ext. P3. For that reason Ext. P3
deserves to be quashed. Accordingly, Ext. P3 is quashed.
However, it is clarified that it will be open to the respondents to
initiate fresh action in the manner as provided in law.
Writ petition is disposed of as above.
ANTONY DOMINIC
JUDGE
jan/-