V.S.Athiyaman vs M/S.Greater Cochin Development ...
2024 Latest Caselaw 10584 Ker

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.

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

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.