V.S.Athiyaman vs M/S.Greater Cochin Development ...

Kerala High Court

V.S.Athiyaman vs M/S.Greater Cochin Development ... on 11 April, 2024

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                   THE HONOURABLE MR. JUSTICE S.MANU
 THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
                        WP(C) NO. 34081 OF 2017
PETITIONER:

            V.S.ATHIYAMAN
            AGED 45 YEARS, S/O. S.M. CHOKKALINGAM, RESIDING
            AT PLOT NO. 25, DOOR NO. 36/797 A & B, SMS ILLAM,
            PROVIDENT FUND ROAD, KALOOR, KOCHI - 682 017.
            BY ADVS.
            SRI.R.PADMARAJ
            SRI.P.J.ANTONY JOSEPH MARIADAS
            SRI.R.AJITH KUMAR V.K.EDOM
            SMT.P.A.SALEENA SAJI


RESPONDENT:

            M/S.GREATER COCHIN DEVELOPMENT AUTHORITY(GCDA)
            KADAVANTHRA, KOCHI - 682 020.
            BY ADV MINI.V.A.



     THIS     WRIT     PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON     11.04.2024,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C).No.34081 of 2017

                                 2




                           JUDGMENT

Dated this the 11th day of April, 2024 The petitioner is the owner in possession of an extent of 0.81 Ares (2 cents) in Sy.No.261/3 of Elamkulam Village. A two storeyed residential building bearing Door No.CC 36/797 A & B is situated in the said parcel of land. The petitioner purchased the property in the year 2005. It is submitted by the learned counsel for the petitioner that a small extent of land belonging to the respondent having an extent of about ¼ cents is lying vacant on the northern side of the plot purchased by the petitioner. He submits that the said small extent of land cannot be of any use to the respondent or anyone else. The petitioner submitted Ext.P1 representation to the Secretary, GCDA. Later, a detailed representation was submitted on 27.6.2017 requesting to allot the above said ¼ cents of land to the petitioner on payment of sale consideration.

W.P.(C).No.34081 of 2017

2. The learned Standing Counsel for the GCDA has filed counter affidavit. The learned Standing Counsel points out that the petitioner has no legal right to demand that the property shall be allotted to him.

3. After hearing the respective counsel and on perusal of the writ petition, I am of the view that the GCDA can be directed to consider the request of the petitioner and to take appropriate decision in the matter. Therefore, I dispose of this writ petition directing the Secretary, GCDA to consider Exts.P1 and P3 applications of the petitioner and to take a decision in the matter within a period of two months from the date of receipt of a copy of this judgment. The petitioner shall be provided an opportunity of hearing before final decision is taken.

The writ petition is disposed of as above.

Sd/-

S.MANU, JUDGE skj W.P.(C).No.34081 of 2017 4 APPENDIX OF WP(C) 34081/2017 PETITIONER'S EXHIBITS EXHIBIT P1 COPY OF THE APPLICATION DATED 23.01.2016.

EXHIBIT P2 COPY OF THE COMPLAINT DATED 06.12.2016. EXHIBIT P3 COPY OF THE APPLICATION DATED 27.06.2017.