Kerala High Court
A.Ibrahim Kutty vs The Greater Cochin Development ... on 4 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 4TH DAY OF AUGUST 2021 / 13TH SRAVANA, 1943
WP(C) NO. 15698 OF 2019
PETITIONER:
A.IBRAHIM KUTTY,
S/O.ABDUL RAHIMAN, SAFA,
C.C.NO.44/3757B(NEW70/3459),
ANJIPPARAMBIL, DESABHIMANI ROAD,
KARUKAPALLY, KALOOR, 682017, ERNAKULAM,
REPRESENTED BY HIS POWER OF ATTORNEY HOLDER,
M.A.HAKEEM SHAH, ADVOCATE,
S/O.S.M.RAWTHER, 44/520, KALOOR DESOM,
KALOOR P.O., KOCHI- 682017.
BY ADVS.
P.CHANDRASEKHAR
K.K.MOHAMED RAVUF
RESPONDENTS:
1 THE GREATER COCHIN DEVELOPMENT AUTHORITY,
REPRESENTED BY ITS SECRETARY,
KOCHI- 682020.
2 THE SECRETARY,
THE GREATER COCHIN DEVELOPMENT AUTHORITY,
KOCHI- 682020.
3 THE DISTRICT COLLECTOR,
ERNAKULAM- 682030.
ADDL.4 THE STATE OF KERALA
REPRESENTED BY PRINCIPAL SECRETARY,
GOVERNMENT OF KERALA, DEPARTMENT OF REVENUE,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM PIN 695 001
IMPLEADED AS PER ORDER IN IA 2/2020 DATED 3-12-2020
WP(C) NO. 15698 OF 2019
2
BY ADVS.
SRI.ARUN ANTONY
SRI.MOHAMMED ANZAR K.J., SPL.G.P. FOR REVENUE
SRI.ASHWIN SETHUMADHAVAN, SR.GP
SMT.MABLE C. KURIAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 04.08.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 15698 OF 2019
3
P.V.KUNHIKRISHNAN, J.
========================
WP(C) NO. 15698 OF 2019
========================
Dated this the 4th day of August,2021
JUDGMENT
The above writ petition is filed with following prayers:
"i. Issue a Writ of Mandamus or any other appropriate Writ,
Order or direction directing the respondents 1 and 2 to
implement Ext.P4 decision and assign 79.62 m2 of land in
Survey no.113/17 in Ernakulam Village on payment of
market value to be fixed through the 3rd respondent.
ii. Issue a Writ of Mandamus or any other appropriate Writ,
Order or direction directing the 3rd respondent to get
market value of 79.62 m2 of land in Survey no.113/17 in
Ernakulam Village belonging to the 1st respondent in
order to enable the petitioner to pay the market value of
the land and purchase the land as per Exhibit P4
decision;
And
iii. Pass such further Orders that this Hon'ble Court may be
pleased to grant on the facts and in the circumstances of
the case."
2. Short facts are like this:
The petitioner is the co-owner of 5.72 Ares of land in Old Survey
No.113/17 in Ernakulam Village, Kanayannur Taluk, Ernakulam
District along with his children namely, Roshina and Rizwana as per
registered partition deed No.4295/2014 dated 13.05.2014. An extent of
79.62 m2 of land belonging to the 1 st respondent is lying on the north of
WP(C) NO. 15698 OF 2019
the petitioner's property. According to the petitioner, there is a 2 meter
wide public drain between the said property of the 1st respondent and
property of the petitioner. It is stated in the writ petition that the said the
79.62 m2 of land is lying without any utility for the 1 st respondent.
According to the petitioner the said land is needed by him for the
convenient enjoyment of his property. It is stated in the writ petition
that there is 4 storied building in the property of the petitioner. The
petitioner approached the GCDA for assignment of the aforesaid land in
his name. The GCDA decided to assign the said land to the petitioner
for market value to be fixed through District Collector, Ernakulam.
Ext.P4 is the decision. When there is no follow up action after Ext.P4,
this writ petition is filed. When this writ petition came up for
consideration on 13.06.2019, this Court passed the following order:
"In the light Ext.P4 decision of the Executive
Committee of land assignment the 3rd respondent shall take
a decision to fix the fair value without any delay at any rate
within 4 weeks."
Subsequently, a counter affidavit is filed by the 1 st and 2nd respondent.
In the counter affidavit, it is stated that, for taking follow up action
based on Ext.P4, a sanction from the Government is necessary, as per
WP(C) NO. 15698 OF 2019
Rule 55 of the Kerala Development Authorities Rules. It is also stated
that there is some vigilance case pending in connection with the above
property. The counsel for the petitioner submitted that, Ext.R1(d),
which is produced along with the writ petition is not a resolution
cancelling Ext.P4 resolution. Now the petitioner submitted Ext.P8
before the additional 4th respondent in which he requested for sanction
to purchase the property. The learned counsel for the petitioner limits
his prayer at this stage for a consideration of Ext.P8 representation. The
learned Government Pleader and the learned Standing Counsel for the
GCDA also submitted that they have no objection if a direction is issued
to the Government to consider Ext.P8.
Therefore, this writ petition is disposed in the following manner:
(1) The additional 4th respondent will consider Ext.P8 and pass
appropriate orders in it after giving an opportunity of hearing to
the petitioner and the 1st and 2nd respondent.
(2) All the contentions of the petitioner in this writ petition are left
open.
(3) The 3rd respondent will take a decision to fix the fair value as
WP(C) NO. 15698 OF 2019
directed by this Court on 13.06.2019, without any delay and
forward the same to the additional 4th respondent forthwith. A
copy of the same should be given to the petitioner also.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
scs
WP(C) NO. 15698 OF 2019
APPENDIX OF WP(C) 15698/2019
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF REGISTERED PARTITION DEED
NO.4295/2014 DATED 13.05.2014.
EXHIBIT P2 TRUE COPY OF PETITION SUBMITTED BY THE
PETITIONER TO 1ST RESPONDENT.
EXHIBIT P3 TRUE COPY OF SKETCH OF THE AFORESAID
79.62 M2 LAND OF THE 1ST RESPONDENT.
EXHIBIT P4 TRUE COPY OF DECISION NO.335/2015-16
DATED 04.03.2016 OF THE EXECUTIVE
COMMITTEE OF THE 1ST RESPONDENT.
EXHIBIT P5 TRUE COPY OF LETTER DATED 13.10.2017 OF
THE PUBLIC INFORMATION OFFICER TO THE
1ST RESPONDENT TO THE PETITIONER.
EXHIBIT P6 TRUE COPY OF POWER OF ATTORNEY DATED
24.01.2019.
EXHIBIT P7 TRUE COPY OF LETTER DATED 30.05.2019 OF
THE PETITIONER TO POWER OF ATTORNEY
HOLDER.
EXHIBIT P8 TRUE COPY OF THE APPLICATION DATED
27/11/2020 OF THE PETITIONER THROUGH HIS
POWER OF ATTORNEY HOLDER TO THE 4TH
RESPONDENT
RESPONDENT EXHIBITS
EXHIBIT R1(a) REQUEST DATED 12/12/2017
EXHIBIT R1(b) ORDER NO.1446/ESTATE/B1/16/GCDA DATED
07/08/2018
EXHIBIT R1(c)(a) LEASE REALISATION RECEIPT NO.3364 ISSUED
IN THE NAME OF A.IBRAHIM KUTTY
WP(C) NO. 15698 OF 2019
EXHIBIT R1(c)(b) LEASE REALISATION RECEIPT NO.3365 ISSUED
IN THE NAME OF A.IBRAHIM KUTTY
EXHIBIT R1(d) DECISION OF GCDA NO.189/18-19, DATED
24.12.18
