Kerala High Court
Chandramohanan Unnithan vs Union Of India on 25 June, 2025
RP NO. 304 OF 2025 &
connected cases 1 2025:KER:45661
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 25th DAY OF JUNE 2025 / 4TH ASHADHA, 1947
RP NO. 304 OF 2025
AGAINST THE JUDGMENT DATED 03.02.2025 IN WP(C)
NO.10400 OF 2024 OF HIGH COURT OF KERALA
REVIEW PETITIONERS/PETITIONERS:
1 SAJI THOMAS, AGED 57 YEARS,
S/O P.V. THOMAS, 17, DA2, KENT GLASS HOUSE,
VYTTILA P.O., ERNAKULAM DISTRICT, PIN - 682019
2 LT. COL. SMITHARANI EDAPPATTU NARAYANAN,
AGED 48 YEARS, W/O KISHOR PINDANIYIL RAJAPPAN,
B-2503, CHANDER KUNJ, SILVER SAND ISLAND,
VYTTILA P.O., ERNAKULAM, PIN - 682019
3 SAJIE SHANKAR, AGED 48 YEARS,
SON OF (LATE) K.P. SANKARAN NAIR, FLAT NO. C-
3034, CHANDER KUNJ TOWER, SILVER SAND,
VYTTILA P.O., ERNAKULAM DISTRICT, PIN - 682019
4 CHANDER KUNJ WELFARE MAINTENANCE SOCIETY
REPRESENTED BY ITS PRESIDENT, SAJIE SHANKAR
CHANDERKUNJ TOWER, SILVER SAND, VYTTILA-P.O.,
ERNAKULAM DISTRICT, PIN - 682019
BY ADVS. SRI.JACOB MATHEW MANALIL
SMT.PRIYA ELIZABETH BABU
SHRI.HRISHIKESH JAYASARMAN
RP NO. 304 OF 2025 &
connected cases 2 2025:KER:45661
RESPONDENTS:
1 SECRETARY,
TRIPUNTIHURA MUNICIPAL COUNCIL, TRIPUNITHURA
MUNICIPALITY, TRIPUNITHURA, ERNAKULAM DISTRICT,
PIN - 682301
2 DISTRICT COLLECTOR, ERNAKULAM COLLECTORATE,
KAKKANAD, ERNAKULAM, PIN - 682030
3 SECRETARY, MINISTRY OF DEFENCE, 101-A,
SOUTH BLOCK, NEW DELHI, PIN - 110011
4 ARMY WELFARE HOUSING ORGANISATION
(AWHO), REPRESENTED BY ITS MANAGING DIRECTOR,
SOUTH HUTMENTS, KASHMIR HOUSE, RAJAJI MARG,
NEW DELHI, PIN - 110011
5 B. R. AJIT, ARCHITECT, AJIT ASSOCIATES, SILVER
SAND ISLAND, VYTTILLA P.O., KOCHI, PIN - 682019
6 CHANDERKUNJ ARMY TOWERS APARTMENT OWNERS'
ASSOCIATION, (CATAOA), REPRESENTED BY ITS
PRESIDENT, CHANDERKUNJ ARMY TOWERS, SILVER SAND
ISLAND, VYTILLA P.O., KOCHI, PIN - 682019
7 SILPA PROJECTS AND INFRASTRUCTURE INDIA PRIVATE
LIMITED, 65/847-848, 3RD FLOOR, NORTH AVENUE,
PARAMARA ROAD, KOCHI, PIN - 682018
8 BOARD OF GOVERNORS OF AWHO
REPRESENTED BY ITS PRESIDENT, CHIEF OF ARMY
STAFF, IHQ OF ARMY, SOUTH BLOCK, NEW DELHI,
PIN - 110011
SHRI.K.S.ARUN KUMAR, SC, TPRA MUNICIPALITY
SMT. SURYA BINOY, SR. GOVERNMENT PLEADER
SMT. O.M. SHALINA, DSG
SRI. T.C. KRISHNA, SCGC
SHRI.C.DINESH, CGC
RP NO. 304 OF 2025 &
connected cases 3 2025:KER:45661
SMT.APARNA RAJAN
SHRI.HARIKUMAR G. (GOPINATHAN NAIR)
SRI.RANJITH VARGHESE
SMT.BEA MARY BENNY
THIS REVIEW PETITION HAVING COME UP FOR HEARING ON
18.06.2025, ALONG WITH RP.310/2025, 317/2025 AND CONNECTED
CASES, THE COURT ON 25.06.2025 DELIVERED THE FOLLOWING:
RP NO. 304 OF 2025 &
connected cases 4 2025:KER:45661
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 25th DAY OF JUNE 2025 / 4TH ASHADHA, 1947
RP NO. 310 OF 2025
AGAINST THE JUDGMENT DATED 03.02.2025 IN WP(C)
NO.20298 OF 2024 OF HIGH COURT OF KERALA
REVIEW PETITIONER/PETITIONER:
LT. CDR. V. V. KRISHNAN, AGED 43 YEARS,
S/O V. R. VASUDEVAN, RESIDING AT FLAT NO. B2204,
B TOWER CHANDER KUNJ ARMY TOWERS, SILVER SAND
ISLAND, VYTILLA, ERNAKULAM DISTRICT, KERALA.,
PIN - 682019
BY ADV SRI.K.SHAJ
RESPONDENTS:
1 THE UNION OF INDIA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
MINISTRY OF HOME AFFAIRS, NORTH BLOCK,
NEW DELHI, PIN - 110001
2 THE MINISTRY OF ENVIRONMENT,
FOREST AND CLIMATE CHANGE, GOVERNMENT OF INDIA,
REPRESENTED BY ITS SECRETARY, INDIRA PARYAVARAN
BHAWAN JORBAGH ROAD, NEW DELHI., PIN - 110003
3 THE DEPUTY DIRECTOR GENERAL OF FORESTS (C)
INTEGRATED REGIONAL OFFICE, BANGALORE,
MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE
RP NO. 304 OF 2025 &
connected cases 5 2025:KER:45661
CHANGE, INTEGRATED REGIONAL OFFICE KENDRIYA
SADAN, 4TH FLOOR, E&F WINGS, 17TH MAIN ROAD,
KORAMANGALA II BLOCK, BANGALORE, PIN - 560034
4 THE MINISTRY OF DEFENCE,
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
GOVERNMENT OF INDIA, SOUTH BLOCK,
CABINET SECRETARIAT, RAISINA HILL, NEW DELHI,
PIN - 110011
5 THE DEPARTMENT OF DEFENCE,
REPRESENTED BY THE DEFENCE SECRETARY,
GOVERNMENT OF INDIA, ROOM NO. 6-A, SOUTH BLOCK,
CABINET SECRETARIAT, RAISINA HILL, NEW DELHI,
PIN - 110011
6 THE DEPARTMENT OF EX-SERVICEMEN WELFARE
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
99-A, SOUTH BLOCK, CABINET SECRETARIAT,
RAISINA HILL, NEW DELHI, PIN - 110011
7 THE ARMY WELFARE HOUSING ORGANISATION (AWHO)
REPRESENTED BY ITS MANAGING DIRECTOR, SOUTH
HUTMENTS, KASHMIR HOUSE, RAJAJI MARG,
NEW DELHI, PIN - 110011
8 GURDEEP SINGH,
FORMER MD, ARMY WELFARE HOUSING ORGANIZATION
(AWHO), RESIDING AT H.NO.45A, SECTOR 15A, NOIDA,
PIN - 201301
9 THE BOARD OF GOVERNORS,
REPRESENTED BY THE CHIEF OF THE ARMY STAFF AND
PRESIDENT, IHQ OF MOD (ARMY), SENA BHAWAN,
NEW DELHI, PIN - 110001
10 THE CHIEF OF THE ARMY STAFF
IHQ OF MOD (ARMY), SENA BHAWAN, NEW DELHI,
PIN - 110001
RP NO. 304 OF 2025 &
connected cases 6 2025:KER:45661
11 THE ADJUTANT GENERAL,
IHQ OF MOD (ARMY), 'B' WING, SENA BHAWAN,
NEW DELHI, PIN - 110001
12 REGIONAL OFFICE, ARMY WELFARE HOUSING
ORGANIZATION (AWHO),
REPRESENTED BY ITS PROJECT DIRECTOR,
PRASANNA VIHAR, MARINE DRIVE, OPP. HIGH COURT,
KOCHI, (KERALA), PIN - 682031
13 THE PROJECT DIRECTOR,
ARMY WELFARE HOUSING ORGANISATION (AWHO),
PRASANNA VIHAR, MARINE DRIVE, OPP. HIGH COURT,
KOCHI.(KERALA), PIN - 682031
14 MURALEEDHARAN NAIR,
FORMER PROJECT DIRECTOR, ARMY WELFARE HOUSING
ORGANIZATION (AWHO), AGED 65 YEARS,
S/O P.R.MADHAVA PANICKER, RESIDING AT 34/3005,
VENAD, EDAPPALLY P.O., DEVANKULANGARA DESOM,
EDAPALLY NORTH VILLAGE, KANAYANNUR TALUK,
ERNAKULAM DISTRICT., PIN - 682024
15 CHANDER KUNJ ARMY TOWERS APARTMENT OWNERS
ASSOCIATION, (CATAOA) (ALSO KNOWN AS RESIDENT
WELFARE ASSOCIATION) REPRESENTED BY ITS
PRESIDENT, CHANDER KUNJ, SILVER SAND ISLAND,
VYTTILA P.O., ERNAKULAM DISTRICT., PIN - 682019
16 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL
SELF GOVERNMENT (URBAN) DEPARTMENT, ROOM NO.
201A,2ND FLOOR, ANNEX I, SECRETARIAT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.,
PIN - 695001
17 THE SECRETARY TO GOVERNMENT,
LOCAL SELF GOVERNMENT (URBAN) DEPARTMENT,
ROOM NO. 201A,2ND FLOOR, ANNEX I, SECRETARIAT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001
RP NO. 304 OF 2025 &
connected cases 7 2025:KER:45661
18 THE NATIONAL DISASTER MANAGEMENT AUTHORITY,
REPRESENTED BY ITS MEMBER SECRETARY, NDMA BHAWAN,
A - 1, SAFDARJUNG ENCLAVE, NEW DELHI,
PIN - 110029
19 THE NATIONAL DISASTER RESPONSE FORCE
REPRESENTED BY ITS DIRECTOR GENERAL, NDRF,
ANTYODAYA BHAWAN, B - 2 WING, 9TH FLOOR,
CGO COMPLEX, LODHI ROAD, NEW DELHI., PIN - 110003
20 KERALA STATE DISASTER MANAGEMENT AUTHORITY
REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY,
REVENUE & DISASTER MANAGEMENT STATE RELIEF
COMMISSIONER & CONVENOR, DEPARTMENT OF REVENUE
AND DISASTER MANAGEMENT, 2ND FLOOR, REVENUE
COMPLEX, PUBLIC OFFICE BUILDING, OPP. MUSEUM,
THIRUVANANTHAPURAM, KERALA., PIN - 695033
21 THE DISTRICT DISASTER MANAGEMENT AUTHORITY
REPRESENTED BY ITS CHAIRMAN AND DISTRICT
COLLECTOR, ERNAKULAM, COLLECTORATE, KAKKANAD,
ERNAKULAM DISTRICT., PIN - 682030
22 THE DISTRICT COLLECTOR,
ERNAKULAM, COLLECTORATE, KAKKANAD,
ERNAKULAM DISTRICT., PIN - 682030
23 DEPUTY COLLECTOR (DISASTER MANAGEMENT)
OFFICE OF THE DISTRICT DISASTER MANAGEMENT
AUTHORITY, ERNAKULAM, COLLECTORATE, KAKKANAD,
ERNAKULAM DISTRICT., PIN - 682030
24 THE TRIPUNITHURA MUNICIPALITY
MUNICIPAL OFFICE, TRIPUNITHURA P.O., LAYAM RD,
TRIPUNITHURA, ERNAKULAM DISTRICT, REPRESENTED BY
ITS SECRETARY, PIN - 682301
25 THE SECRETARY,
TRIPUNITHURA MUNICIPALITY, MUNICIPAL OFFICE,
TRIPUNITHURA P.O., LAYAM RD, TRIPUNITHURA,
RP NO. 304 OF 2025 &
connected cases 8 2025:KER:45661
ERNAKULAM DISTRICT., PIN - 682301
26 THE VIGILANCE SQUAD
REPRESENTED BY THE CHIEF TOWN PLANNER
(VIGILANCE), LOCAL SELF GOVERNMENT DEPARTMENT -
VIGILANCE WING, VIGILANCE CELL, 5TH FLOOR,
SWARAJ BHAVAN, NANTHANCODE, THIRUVANANTHAPURAM
DISTRICT., PIN - 695003
27 THE CHIEF TOWN PLANNER
LOCAL SELF GOVERNMENT DEPARTMENT, 5TH FLOOR,
SWARAJ BHAVAN, NANTHANCODE,
THIRUVANANTHAPURAM DISTRICT, PIN - 695003
28 THE DISTRICT TOWN PLANNER
OFFICE OF DISTRICT TOWN PLANNER, LSGD PLANNING,
DPC SECRETARIAT BUILDING, 4TH FLOOR, CIVIL
STATION, KAKKANAD ERNAKULAM DISTRICT,
PIN - 682030
29 THE KERALA COASTAL ZONE MANAGEMENT AUTHORITY
(KCZMA))
REPRESENTED BY ITS MEMBER SECRETARY, OFFICE OF
THE KERALA COASTAL ZONE MANAGEMENT AUTHORITY,
4TH FLOOR, KSRTC BUS TERMINAL, THAMAPNOOR P.O.,
THIRUVANANTHAPURAM., PIN - 695001
30 THE KERALA REAL ESTATE REGULATORY AUTHORITY,
REPRESENTED BY ITS SECRETARY, 6TH FLOOR,
TRINITY CENTRE, KESAVADASAPURAM, PATTOM P.O.,
THIRUVANANTHAPURAM., PIN - 695004
31 THE KERALA STATE POLLUTION CONTROL BOARD
REPRESENTED BY ITS CHAIRMAN, KERALA STATE
POLLUTION CONTROL BOARD OFFICE,
THIRUVANANTHAPURAM., PIN - 695001
32 THE ENVIRONMENTAL ENGINEER
OFFICE OF THE ENVIRONMENTAL ENGINEER, KERALA
STATE POLLUTION CONTROL BOARD, GANDHI NAGAR,
ERNAKULAM DISTRICT., PIN - 682020
RP NO. 304 OF 2025 &
connected cases 9 2025:KER:45661
33 THE DISTRICT FIRE OFFICER
DISTRICT FIRE OFFICE, FIRE AND RESCUE SERVICES,
KADAVANTHARA P.O., KOCHI, ERNKULAM DISTRICT,
PIN - 682020
34 THE DIRECTOR GENERAL OF CIVIL AVIATION
OFFICE OF THE DIRECTOR GENERAL OF CIVIL AVIATION,
TECHNICAL CENTRE, OPP SAFDARJANG AIRPORT,
NEW DELHI, PIN - 110003
35 M/S SILPA PROJECTS AND INFRASTRUCTURE INDIA
PRIVATE LIMITED
REPRESENTED BY ITS MANAGING DIRECTOR, 65/847-848,
3RD FLOOR, NORTH AVENUE, PARAMARA ROAD, KOCHI,
PIN - 682018
36 B.R.AJITH, ARCHITECT
AJIT ASSOCIATES ARCHITECTURAL CONSULTANTS PVT.
LTD, SILVER SAND ISLAND, VYTTILLA P.O.,
KOCHI - 682019, AND ALSO HAVING ADDRESS AT 3RD
FLOOR, PUTHURAN PLAZA, KPCC JUNCTION, M.G.ROAD,
KOCHI, PIN - 682011
37 AJIT ASSOCIATES ARCHITECTURAL CONSULTANTS PVT.
LTD
REPRESENTED BY B.R.AJITH,, ARCHITECT AND MANAGING
DIRECTOR, SILVER SAND ISLAND, VYTTILLA P.O.,
KOCHI - 682019 AND ALSO HAVING ADDRESS AT 3RD
FLOOR, PUTHURAN PLAZA, KPCC JUNCTION, M.G.ROAD,
KOCHI., PIN - 682011
38 BUREAU VERITAS INDIA PVT LTD.
REPRESENTED BY ITS MANAGING DIRECTOR, HEAD OFFICE
AT 72 BUSINESS PARK, 9TH FLOOR, OPPOSITE SEEPZ
GATE NO.2, MIDC CROSS ROAD 'C', ANDHERI EAST,
MUMBAI - 400093 AND HAVING REGIONAL OFFICE AT #
1030, 13TH CROSS, BANASHANKARI, 2ND STAGE,
ATTHIMABBE ROAD, BANGALORE., PIN - 560070
BY ADVS. SHRI.C.DINESH, CGC
RP NO. 304 OF 2025 &
connected cases 10 2025:KER:45661
SHRI.K.S.ARUN KUMAR
SHRI.PRAKASH M.P., SC, KCZMA
SHRI.C.M.NAZAR, SC, KERALA REAL ESTATE REGULATORY
AUTHORITY
SHRI.T.C.KRISHNA, SENIOR PANEL COUNSEL
SRI. T.NAVEEN SC, KERALA STATE POLLUTION CONTROL
BOARD
SRI.RANJITH VARGHESE
SRI.THOMAS P.KURUVILLA
SMT. SURYA BINOY SR. GOVERNMENT PLEADER
SMT.O.M.SHALINA,DSGI
THIS REVIEW PETITION HAVING COME UP FOR HEARING ON
18.06.2025, ALONG WITH RP.304/2025 AND CONNECTED CASES, THE
COURT ON 25.06.2025 DELIVERED THE FOLLOWING:
RP NO. 304 OF 2025 &
connected cases 11 2025:KER:45661
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 25th DAY OF JUNE 2025 / 4TH ASHADHA, 1947
RP NO. 317 OF 2025
AGAINST THE JUDGMENT DATED 03.02.2025 IN WP(C)
NO.35585 OF 2024 OF HIGH COURT OF KERALA
REVIEW PETITIONERS/WRIT PETITIONERS:
1 RADHAKRISHNAN NAIR M.R, AGED 57 YEARS,
S/O. RAGHAVAN NAIR, B. 1303, CHANDERKUNJ,
SILVER SAND ISLAND, VYTTILA P.O., ERNAKULAM
DISTRICT- (COLONEL (RETIRED), INDIAN ARMY),
PIN - 682019
2 SREELEKHA NAIR, AGED 52 YEARS,
W/O. RADHAKRISHNAN NAIR M.R., B. 1303,
CHANDERKUNJ, SILVER SAND ISLAND, VYTTILA P.O.,
ERNAKULAM DISTRICT, PIN - 682019
BY ADVS. SRI.K.SASIKUMAR
SRI.S.ARAVIND
SRI.P.S.RAGHUKUMAR
RESPONDENTS/RESPONDENTS:
1 UNION OF INDIA,
REPRESENTED BY THE DEFENCE SECRETARY TO THE
GOVERNMENT, MINISTRY OF DEFENCE,
GOVERNMENT OF INDIA, NEW DELHI -, PIN - 110011
2 ARMY WELFARE HOUSINGORGANISATION (AWHO),
RP NO. 304 OF 2025 &
connected cases 12 2025:KER:45661
REPRESENTED BY ITS MANAGING DIRECTOR (MD),
ROOM NO-25 SH, KASHMIR HOUSE, SOUTH HUTMENTS,
RAJAJI MARGH, NEW DELHI, PIN - 110011
3 PROJECT DIRECTOR,
ARMY WELFARE HOUSING ORGANISATION (AWHO),
C/O. PRASANNA VIHAR, MARINE DRIVE, OPPOSITE HIGH
COURT, KOCHI, PIN - 682031
4 DIRECTOR (CONTRACTS)
ARMY WELFARE HOUSING ORGANISATION (AWHO), ROOM
NO-25 SH, KASHMIR HOUSE, SOUTH HUTMENTS,
RAJAJI MARGH, NEW DELHI -, PIN - 110011
5 ENGINEER- IN-CHIEF,
MEMBER BOARD OF MANAGEMENT, AWHO INTEGRATED
HEADQUARTERS, MINISTRY OF DEFENCE (MOD)
NEW DELHI, PIN - 110011
6 PRESIDENT, RESIDENTS WELFARE ASSOCIATION (RWA),
CHANDERKUNJ APARTMENTS, SILVER SAND ISLAND,
VYTTILA P.O., PIN - 682019
7 ASSISTANT EXECUTIVE ENGINEER (CIVIL),
GREATER COCHIN DEVELOPMENT AUTHORITY (GCDA),
SAHODARAN AYYAPPAN RD, KADAVANTHRA P.O,
ERNAKULAM, PIN - 682020
8 ASSISTANT EXECUTIVE ENGINEER (LSGD)
TRIPUNITHURA MUNICIPALITY, TRIPUNITHURA P.O,
ERNAKUALM, PIN - 682301
9 TRIPUNITHURA MUNICIPALITY
REPRESENTED BY ITS SECRETARY, TRIPUNITHURA, P.O.
ERNAKUALM, PIN - 682301
10 JOINT DIRECTOR (EXECUTIVE ENGINEER)
PWD REGIONAL DESIGN OFFICE, BUILDINGS DIVISION,
ERNAKULAM-, PIN - 682033
RP NO. 304 OF 2025 &
connected cases 13 2025:KER:45661
11 DISTRICT COLLECTOR,
DISTRICT COLLECTORATE, FIRST FLOOR, CIVIL
STATION, KAKKANAD P.O, ERNAKULAM, PIN - 682030
BY ADVS. SHRI.C.DINESH, CGC
SMT.C.ANCHALA, SC, GCDA
SHRI.K.S.ARUN KUMAR
SHRI.T.C.KRISHNA, SENIOR PANEL COUNSEL
SRI.VIPIN P.VARGHESE, SC, GCDA
SMT. SURYA BINOY, SR. GOVERNMENT PLEADER
THIS REVIEW PETITION HAVING COME UP FOR HEARING ON
18.06.2025, ALONG WITH RP.304/2025 AND CONNECTED CASES, THE
COURT ON 25.06.2025 DELIVERED THE FOLLOWING:
RP NO. 304 OF 2025 &
connected cases 14 2025:KER:45661
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 25th DAY OF JUNE 2025 / 4TH ASHADHA, 1947
RP NO. 332 OF 2025
AGAINST THE JUDGMENT DATED 03.02.2025 IN WP(C)
NO.21253 OF 2024 OF HIGH COURT OF KERALA
REVIEW PETITIONER/4th RESPONDENT:
RESIDENTS WELFARE ASSOCIATION, CHANDERKUNJ ARMY
TOWERS APARTMENT OWNERS ASSOCIATION
REGD. NO.EKM/TC/116/2019, AWHO APARTMENT COMPLEX,
SILVER SAND ISLAND, VYTTILA P.O., ERNAKULAM
DISTRICT - 682019, REPRESENTED BY ITS PRESIDENT,
BRIGADIER NIETZSCHE BALAN, AGED 63 YEARS, VSM
(RETIRED), S/O D. K. BALAKRISHNAN, RESIDING AT C-
1801, C TOWER, ARMY TOWERS, AWHO (CHANDERKUNJ),
SILVER SAND ISLAND, VYTTILA P.O., ERNAKULAM
DISTRICT, PIN 682019
BY ADV SHRI.D.ANIL KUMAR
RESPONDENTS/PETITIONER & RESPONDENT Nos.1 TO 3 AND 5 TO 8:
1 LT. COL JOHNSON CHACKO VERGHESE (RETD.)
AGED 47 YEARS,
S/O.LATE MR. K.C. VERGHESE, FLAT NO.
C104,CHANDERKUNJ, AWHO APARTMENTS, SILVER SAND
ISLAND, VYTTILA, KOCHI, PIN - 682019
2 UNION OF INDIA,
REPRESENTED BY SECRETARY, MINISTRY OF DEFENSE,
RP NO. 304 OF 2025 &
connected cases 15 2025:KER:45661
101-A, SOUTH BLOCK, NEW DELHI,, PIN - 110001
3 CHIEF OF ARMY STAFF
SOUTH BLOCK, CENTRAL SECRETARIAT, NEW DELHI,
PIN - 110001
4 ARMY WELFARE HOUSING ORGANIZATION
REPRESENTED BY THE MANAGING DIRECTOR, SOUTH
HUTMENTS, KASHMIR HOUSE, RAJAJI MARG,
NEW DELHI, PIN - 110001
5 DISTRICT COLLECTOR
COLLECTORATE, KAKKANAD, ERNAKULAM, PIN - 682030
6 SECRETARY
TRIPUNITHURA MUNICIPALITY, TRIPUNITHURA,
ERNAKULAM, PIN - 682301
7 EXECUTIVE ENGINEER
PWD BUILDING DIVISION, EDAPPALLY JUNCTION,
EDAPPALLY, KOCHI, PIN - 682024
8 MANAGER
GREATER COCHIN DEVELOPMENT AUTHORITY (GCDA),
P.B. NO.2012, KOCHI, PIN - 682020
BY ADVS. SHRI.C.DINESH, CGC
SHRI.T.C.KRISHNA
SHRI.K.S.ARUN KUMAR, SC, TRPA MUNICIPALITY
SMT.C.ANCHALA, SC, GCDA
SMT. SURYA BINOY, SR. GOVERNMENT PLEADER
SRI.VIPIN P.VARGHESE, SC, GCDA
SRI.P.HARIDAS
THIS REVIEW PETITION HAVING COME UP FOR HEARING ON
18.06.2025, ALONG WITH RP.304/2025 AND CONNECTED CASES, THE
COURT ON 25.06.2025 DELIVERED THE FOLLOWING:
RP NO. 304 OF 2025 &
connected cases 16 2025:KER:45661
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 25th DAY OF JUNE 2025 / 4TH ASHADHA, 1947
RP NO. 334 OF 2025
AGAINST THE JUDGMENT DATED 03.02.2025 IN WP(C)
NO.35585 OF 2024 OF HIGH COURT OF KERALA
REVIEW PETITIONER/6th RRESPONDENT:
PRESIDENT, RESIDENTS WELFARE ASSOCIATION (RWA)
CHANDERKUNJ ARMY TOWERS APARTMENT OWNERS
ASSOCIATION, BRIGADIER NIETZSCHE BALAN, AGED 63
YEARS, VSM (RETIRED), S/O D. K. BALAKRISHNAN,
RESIDING AT C-1801, C TOWER, ARMY TOWERS, AWHO
(CHANDERKUNJ), SILVER SAND ISLAND, VYTTILA P.O.,
ERNAKULAM DISTRICT, PIN - 682019
BY ADV SHRI.D.ANIL KUMAR
RESPONDENTS:
1 RADHAKRISHNAN NAIR M.R, AGED 57 YEARS,
S/O. RAGHAVAN NAIR, B. 1303,CHANDERKUNJ,
SILVER SAND ISLAND, VYTTILA P.O., ERNAKULAM
DISTRICT (COLONEL (RETIRED), INDIAN ARMY)
PIN - 682019
2 SREELEKHA NAIR, AGED 52 YEARS
W/O. RADHAKRISHNAN NAIR M.R., B.
1303,CHANDERKUNJ, SILVER SAND ISLAND,
VYTTILA P.O., ERNAKULAM DISTRICT, PIN - 682019
RP NO. 304 OF 2025 &
connected cases 17 2025:KER:45661
3 UNION OF INDIA,
REPRESENTED BY THE DEFENCE SECRETARY TO THE
GOVERNMENT, MINISTRY OF DEFENCE,
GOVERNMENT OF INDIA, NEW DELHI,, PIN - 110011
4 ARMY WELFARE HOUSING ORGANISATION (AWHO)
REPRESENTED BY ITS MANAGING DIRECTOR (MD),
ROOM NO-25 SH, KASHMIR HOUSE, SOUTH HUTMENTS,
RAJAJIMARGH, NEW DELHI,, PIN - 110011
5 PROJECT DIRECTOR,
ARMY WELFARE HOUSING ORGANISATION (AWHO) C/O.
PRASANNAVIHAR, MARINE DRIVE, OPPOSITE HIGH COURT,
KOCHI, PIN - 682031
6 DIRECTOR (CONTRACTS)
ARMY WELFARE HOUSING ORGANISATION (AWHO),
ROOM NO-25 SH, KASHMIR HOUSE, SOUTH HUTMENTS,
RAJAJIMARGH, NEW DELHI,, PIN - 110011
7 ENGINEER-IN-CHIEF
MEMBER BOARD OF MANAGEMENT, AWHO INTEGRATED
HEADQUARTERS, MINISTRY OF DEFENCE (MOD),
NEW DELHI, PIN - 110011
8 ASSISTANT EXECUTIVE ENGINEER (CIVIL)
GREATER COCHIN DEVELOPMENT AUTHORITY (GCDA),
SAHODARAN AYYAPPAN RD, KADAVANTHRA P.O,
ERNAKULAM, PIN - 682020
9 ASSISTANT EXECUTIVE ENGINEER (LSGD)
TRIPUNITHURA MUNICIPALITY, TRIPUNITHURA P.O,
ERNAKUALM,, PIN - 682301
10 TRIPUNITHURA MUNICIPALITY
REPRESENTED BY ITS SECRETARY,
TRIPUNITHURA P.O. ERNAKUALM, PIN - 682301
11 JOINT DIRECTOR (EXECUTIVE ENGINEER)
PWD REGIONAL DESIGN OFFICE, BUILDINGS DIVISION,
ERNAKULAM, PIN - 682033
RP NO. 304 OF 2025 &
connected cases 18 2025:KER:45661
12 DISTRICT COLLECTOR
DISTRICT COLLECTORATE, FIRST FLOOR,
CIVIL STATION, KAKKANAD P.O, ERNAKULAM, PIN -
682030
BY ADVS. SHRI.C.DINESH, CGC
SMT.C.ANCHALA, SC, GCDA
SHRI.K.S.ARUN KUMAR
SHRI.T.C.KRISHNA, SENIOR PANEL COUNSEL
SRI.VIPIN P.VARGHESE, SC, GCDA
SRI.K.SASIKUMAR
SMT. SURYA BINOY, SR. GOVERNMENT PLEADER
THIS REVIEW PETITION HAVING COME UP FOR HEARING ON
18.06.2025, ALONG WITH RP.304/2025 AND CONNECTED CASES, THE
COURT ON 25.06.2025 DELIVERED THE FOLLOWING:
RP NO. 304 OF 2025 &
connected cases 19 2025:KER:45661
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 25th DAY OF JUNE 2025 / 4TH ASHADHA, 1947
RP NO. 336 OF 2025
AGAINST THE JUDGMENT DATED 03.02.2025 IN WP(C)
NO.24221 OF 2024 OF HIGH COURT OF KERALA
REVIEW PETITIONERS/PETITIONERS:
1 THE PRESIDENT, CHANDERKUNJ ARMY TOWERS APARTMENT
OWNERS ASSOCIATION
BRIGADIER NIETZSCHE BALAN, AGED 63 YEARS, VSM
(RETIRED), S/O D. K. BALAKRISHNAN, RESIDING AT
C-1801, C TOWER, ARMY TOWERS, AWHO (CHANDERKUNJ),
SILVER SAND ISLAND, VYTTILA P.O.,
ERNAKULAM DISTRICT, PIN - 682019
2 CHANDERKUNJ ARMY TOWERS APARTMENT OWNERS
ASSOCIATION, REGD NO. EKM/TC/116/2019 AWHO,
SILVER SAND ISLAND, THYKOODAM, VYTTILA P.O.,
COCHIN, ERNAKULAM DISTRICT REPRESENTED BY ITS
PRESIDENT, PIN - 682019
BY ADV SHRI.D.ANIL KUMAR
RESPONDENTS:
1 ARMY WELFARE HOUSING ORGANISATION, (AWHO),
REPRESENTED BY ITS MANAGING DIRECTOR, SOUTH
HUTMENTS, KASHMIR HOUSE, RAJAJI MARG,
NEW DELHI, PIN - 110011
RP NO. 304 OF 2025 &
connected cases 20 2025:KER:45661
2 THE MANAGING DIRECTOR,
ARMY WELFARE HOUSING ORGANISATION, (AWHO),
SOUTH HUTMENTS, KASHMIR HOUSE, RAJAJI MARG,
NEW DELHI, PIN - 110011
3 BOARD OF GOVERNORS,
REPRESENTED BY THE CHIEF OF ARMY STAFF AND
PRESIDENT, IHQ OF MOD(ARMY), SENA BHAVAN,
NEW DELHI, PIN - 110011
4 THE DISTRICT COLLECTOR
COLLECTORATE, KAKKANAD, ERNAKULAM,
PIN - 682030
BY ADVS. SHRI.ABI BENNY AREECKAL
SMT.BEA MARY BENNY
SHRI.BENNY GERVACIS (SR.)
SHRI.T.C.KRISHNA
SMT. SURYA BINOY, SR. GOVERNMENT PLEADER
THIS REVIEW PETITION HAVING COME UP FOR HEARING ON
18.06.2025, ALONG WITH RP.304/2025 AND CONNECTED CASES, THE
COURT ON 25.06.2025 DELIVERED THE FOLLOWING:
RP NO. 304 OF 2025 &
connected cases 21 2025:KER:45661
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 25th DAY OF JUNE 2025 / 4TH ASHADHA, 1947
RP NO. 340 OF 2025
AGAINST THE JUDGMENT DATED 03.02.2025 IN WP(C)
NO.29703 OF 2024 OF HIGH COURT OF KERALA
REVIEW PETITIONER/9th RESPONDENT:
PRESIDENT, RESIDENTS WELFARE ASSOCIATION (RWA)
CHANDERKUNJ ARMY TOWERS APARTMENT OWNERS
ASSOCIATION, BRIGADIER NIETZSCHE BALAN, AGED 63
YEARS, VSM (RETIRED), S/O D. K. BALAKRISHNAN,
RESIDING AT C-1801, C TOWER, ARMY TOWERS, AWHO
(CHANDERKUNJ), SILVER SAND ISLAND, VYTTILA P.O.,
ERNAKULAM DISTRICT, PIN - 682019
BY ADV SHRI.D.ANIL KUMAR
RESPONDENTS:
1 MATHEW CHERIAN, AGED 42 YEARS.
S/O P.P. CHERIAN, B. 1504, CHANDERKUNJ,
SILVER SAND ISLAND, VYTTILA P.O., ERNAKULAM
DISTRICT-682019 (LT.COLONEL (RETIRED), INDIAN
ARMY), REPRESENTED BY FATHER AND POWER OF
ATTORNEY HOLDER, P.P.CHERIAN, AGED 74 YEARS,
S/O CHERIAPOULOSE, PULLAMKOTTU HOUSE,
EZHAKKARANADU NORTH, MANEED VILLAGE,
MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN - 686664
2 UNION OF INDIA
REPRESENTED BY THE DEFENCE SECRETARY TO THE
RP NO. 304 OF 2025 &
connected cases 22 2025:KER:45661
GOVERNMENT, MINISTRY OF DEFENCE,
GOVERNMENT OF INDIA, NEW DELHI, PIN - 110011
3 ARMY WELFARE HOUSING ORGANISATION (AWHO)
REPRESENTED BY ITS MANAGING DIRECTOR (MD),
ROOM NO-25 SH, KASHMIR HOUSE, SOUTH HUTMENTS,
RAJAJIMARGH, NEW DELHI, PIN - 110011
4 PROJECT DIRECTOR
ARMY WELFARE HOUSING ORGANISATION (AWHO) C/O.
PRASANNAVIHAR, MARINE DRIVE, OPPOSITE HIGH COURT,
KOCHI,, PIN - 682031
5 DIRECTOR (CONTRACTS)
ARMY WELFARE HOUSING ORGANISATION (AWHO), ROOM
NO-25 SH, KASHMIR HOUSE, SOUTH HUTMENTS,
RAJAJIMARGH, NEW DELHI,, PIN - 110011
6 PRESIDENT
BOARD OF GOVERNORS (BOG), AWHO, REPRESENTED BY
CHIEF OF ARMY STAFF, INDIAN ARMY, INTEGRATED
HEADQUARTERS, MINISTRY OF DEFENCE (MOD),
SOUTH BLOCK NEW DELHI,, PIN - 110011
7 CHAIRMAN
BOARD OF MANAGEMENT (BOM), AWHO, REPRESENTED BY
ADJUTANT GENERAL, INTEGRATED HEADQUARTERS,
MINISTRY OF DEFENCE (MOD), SOUTH BLOCK,
NEW DELHI, PIN - 110011
8 DIRECTOR GENERAL
DISCIPLINE, CEREMONIAL AND WELFARE
(DGDC&W),DEPUTY CHAIRMAN, AWHO INTEGRATED
HEADQUARTERS, MINISTRY OF DEFENCE (MOD) SOUTH
BLOCK, NEW DELHI, PIN - 110011
9 ENGINEER-IN-CHIEF
MEMBER BOARD OF MANAGEMENT, AWHO INTEGRATED
HEADQUARTERS, MINISTRY OF DEFENCE (MOD)
NEW DELHI, PIN - 110011
RP NO. 304 OF 2025 &
connected cases 23 2025:KER:45661
10 MANAGING DIRECTOR
SILPA PROJECTS AND INFRASTRUCTURE PRIVATE
LIMITED, 3RD FLOOR, NORTH AVENUE BUILDING,
PARAMARA ROAD, KOCHI, PIN - 682018
11 MANAGING DIRECTOR
AJIT ASSOCIATES, SILVER SAND ISLAND,
VYTILA P.O,. KOCHI, PIN - 682019
12 MANAGING DIRECTOR
BUREAU VERITAS (INDIA) PRIVATE LIMITED, NO.
33/1178 F1, CHALIKKAVATTOM, KUMBALAPPALLY ROAD,
VYTILA P.O., KOCHI, PIN - 682028
13 HEAD OF THE DEPARTMENT OF CIVIL ENGINEERING
INDIAN INSTITUTE OF TECHNOLOGY, MADRAS (IITM),
CHENNAI, TAMIL NADU,, PIN - 600036
14 HEAD OF THE DEPARTMENT OF CIVIL ENGINEERING
MAR ATHANASIUS COLLEGE OF ENGINEERING (MACE),
KOTHAMANGALAM, ERNAKULAM,, PIN - 688691
15 ASSISTANT EXECUTIVE ENGINEER (CIVIL)
GREATER COCHIN DEVELOPMENT AUTHORITY (GCDA),
SAHODARAN AYYAPPAN RD, KADAVANTHRA P.O,
ERNAKULAM-, PIN - 682020
16 ASSISTANT EXECUTIVE ENGINEER (LSGD)
TRIPUNITHURA MUNICIPALITY, TRIPUNITHURA P.O,
ERNAKUALM, PIN - 682301
17 TRIPUNITHURA MUNICIPALITY
REPRESENTED BY ITS SECRETARY, TRIPUNITHURA, P.O.
ERNAKUALM,, PIN - 682301
18 JOINT DIRECTOR (EXECUTIVE ENGINEER)
PWD REGIONAL DESIGN OFFICE, BUILDINGS DIVISION,
ERNAKULAM-, PIN - 682033
19 DISTRICT COLLECTOR
DISTRICT COLLECTORATE, FIRST FLOOR, CIVIL
RP NO. 304 OF 2025 &
connected cases 24 2025:KER:45661
STATION, KAKKANAD P.O, ERNAKULAM, PIN - 682030
20 COMMISSIONER OF POLICE
ERNAKULAM CITY, ERNAKULAM, PIN - 682011
21 STATION HOUSE OFFICER
MARADU POLICE STATION, ERNAKULAM CITY,
MARADU P.O., PIN - 682304
22 THE DIRECTOR
CENTRAL BUREAU OF INVESTIGATION GOVERNMENT OF
INDIA, PLOT NO. 5-B, 6TH FLOOR, CGO COMPLEX,
LODHI ROAD, NEW DELHI, PIN - 110003
23 DIRECTOR
ENFORCEMENT DEPARTMENT, GOVERNMENT OF INDIA,
DIRECTORATE OF ENFORCEMENT, PRAVARTANBHAWAN,
DR. APJ ABDUL KALAM ROAD, NEW DELHI, PIN - 110011
24 COLONEL MURALEEDHARAN NAIR (RETIRED)
EX-PROJECT DIRECTOR, ARMY WELFARE HOUSING
ORGANSIATION (AWHO), 34/3005, VENAD, EDAPPALLY
P.O, ERNAKULAM, PIN - 682024
BY ADVS. SHRI.ABI BENNY AREECKAL
SMT.C.ANCHALA, SC, GCDA
SHRI.K.S.ARUN KUMAR, SC
SMT.BEA MARY BENNY
SHRI.BENNY GERVACIS (SR.)
SHRI.T.C.KRISHNA, SENIOR PANEL COUNSEL
SRI.VIPIN P.VARGHESE, SC, GCDA
SHRI.JAISHANKAR V.NAIR, SC, ENFORCEMENT
DIRECTORATE
SHRI.SREELAL N.WARRIER,SPL.PUBLIC PROSECUTOR,
(CBI)
SRI.K.SASIKUMAR
SRI.K.L.VARGHESE
SMT. SURYA BINOY, SR. GOVERNMENT PLEADER
THIS REVIEW PETITION HAVING COME UP FOR HEARING ON
18.06.2025, ALONG WITH RP.304/2025 AND CONNECTED CASES, THE
COURT ON 25.06.2025 DELIVERED THE FOLLOWING:
RP NO. 304 OF 2025 &
connected cases 25 2025:KER:45661
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 25th DAY OF JUNE 2025 / 4TH ASHADHA, 1947
RP NO. 341 OF 2025
AGAINST THE JUDGMENT DATED 03.02.2025 IN WP(C)
NO.10400 OF 2024 OF HIGH COURT OF KERALA
REVIEW PETITIONER/6th RESPONDENT:
CHANDERKUNJ ARMY TOWERS APARTMENT OWNERS
ASSOCIATION(CATAOA), REPRESENTED BY ITS
PRESIDENT, BRIGADIER NIETZSCHE BALAN,
AGED 63 YEARS, VSM (RETIRED), S/O D. K.
BALAKRISHNAN, RESIDING AT C-1801, C TOWER,
ARMY TOWERS, AWHO (CHANDERKUNJ), SILVER SAND
ISLAND, VYTTILA P.O., ERNAKULAM DISTRICT,
PIN - 682019
BY ADV SHRI.D.ANIL KUMAR
RESPONDENTS:
1 SAJI THOMAS, AGED 57 YEARS,
S/O P.V. THOMAS, 17, DA2, KENT GLASS HOUSE,
VYTTILA P.O., ERNAKULAM DISTRICT, PIN - 682019
2 LT. COL. SMITHARANI EDAPPATTU NARAYANAN,
AGED 48 YEARS, PINDANIYIL RAJAPPAN, B-2503,
CHANDERKUNJ, SILVER SAND ISLAND, VYTTILA P.O.,
ERNAKULAM,, PIN - 682019
3 SAJIE SHANKAR, SON OF (LATE) K.P. SANKARAN NAIR,
RP NO. 304 OF 2025 &
connected cases 26 2025:KER:45661
FLAT NO. C-3034, CHANDERKUNJ TOWER, SILVER SAND,
VYTTILAP.O., ERNAKULAM DISTRICT, PIN - 682019
4 CHANDER KUNJ WELFARE MAINTENANCE SOCIETY
AGED 48 YEARS, REPRESENTED BY ITS PRESIDENT,
SAJIE SHANKAR CHANDERKUNJ TOWER, SILVER SAND,
VYTTILA-P.O., ERNAKULAM DISTRICT,, PIN - 682019
5 SECRETARY, TRIPUNTIHURA MUNICIPAL COUNCIL,
TRIPUNITHURA MUNICIPALITY, TRIPUNITHURA,
ERNAKULAM DISTRICT,, PIN - 682301
6 DISTRICT COLLECTOR, ERNAKULAM COLLECTORATE,
KAKKANAD, ERNAKULAM, PIN - 682030
7 SECRETARY, MINISTRY OF DEFENCE, 101-A,
SOUTH BLOCK, NEW DELHI,, PIN - 110011
8 ARMY WELFARE HOUSING ORGANISATION, (AWHO)
REPRESENTED BY ITS MANAGING DIRECTOR,
SOUTH HUTMENTS, KASHMIR HOUSE, RAJAJI MARG,
NEW DELHI, PIN - 110011
ADDL.R9 B.R.AJIT, ARCHITECT, AJIT ASSOCIATES,
SILVER SAND ISLAND, VYTTILLA P.O., KOCHI, PIN -
682019
ADDL.R10 SILPA PROJECTS AND INFRASTRUCTURE INDIA PRIVATE
LIMITED, 65/847-848, 3RD FLOOR, NORTH AVENUE,
PARAMARA ROAD, KOCHI, PIN - 682018
ADDL.R11 BOARD OF GOVERNORS OF AWHO, REPRESENTED BY ITS
PRESIDENT, CHIEF OF ARMY STAFF, IHQ OF ARMY,
SOUTH BLOCK, NEW DELHI, PIN - 110011
(ADDITIONAL RESPONDENTS 9 TO 11 ARE IMPLEADED AS
PER ORDER DATED 25.06.2025 IN I.A.No.2/2025)
BY ADVS. SHRI.K.S.ARUN KUMAR
SHRI.C.DINESH, CGC
SRI.JACOB MATHEW MANALIL
SMT. SURYA BINOY, SR. GOVERNMENT PLEADER
RP NO. 304 OF 2025 &
connected cases 27 2025:KER:45661
SMT. O.M. SHALINA, DSGI
THIS REVIEW PETITION HAVING COME UP FOR HEARING ON
18.06.2025, ALONG WITH RP.304/2025 AND CONNECTED CASES, THE
COURT ON 25.06.2025 DELIVERED THE FOLLOWING:
RP NO. 304 OF 2025 &
connected cases 28 2025:KER:45661
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 25th DAY OF JUNE 2025 / 4TH ASHADHA, 1947
RP NO. 342 OF 2025
AGAINST THE JUDGMENT DATED 03.02.2025 IN WP(C)
NO.22536 OF 2024 OF HIGH COURT OF KERALA
REVIEW PETITIONER/9th RESPONDENT:
PRESIDENT, RESIDENTS WELFARE ASSOCIATION (RWA)
CHANDERKUNJ ARMY TOWERS APARTMENT OWNERS
ASSOCIATION, BRIGADIER NIETZSCHE BALAN, AGED 63
YEARS, VSM (RETIRED), S/O D. K. BALAKRISHNAN,
RESIDING AT C-1801, C TOWER, ARMY TOWERS, AWHO
(CHANDERKUNJ), SILVER SAND ISLAND, VYTTILA P.O.,
ERNAKULAM DISTRICT, PIN - 682019
BY ADV SHRI.D.ANIL KUMAR
RESPONDENTS/PETITIONER & RESPONDENT Nos.1 TO 8 & 10 TO 24:
1 CHANDRAMOHANAN UNNITHAN, AGED 72 YEARS,
S/O R.R UNNITHAN B 0703, CHANDERKUNJ, SILVER SAND
ISLAND, VYTTILA P.O., ERNAKULAM DISTRICT-
(COLONEL (RETIRED), INDIAN ARMY)., PIN - 682019
2 UNION OF INDIA,
REPRESENTED BY THE DEFENCE SECRETARY TO THE
GOVERNMENT, MINISTRY OF DEFENCE,
GOVERNMENT OF INDIA, NEW DELHI, PIN - 110011
3 ARMY WELFARE HOUSING ORGANISATION (AWHO)
RP NO. 304 OF 2025 &
connected cases 29 2025:KER:45661
REPRESENTED BY ITS MANAGING DIRECTOR (MD),
ROOM NO-25 SH, KASHMIR HOUSE, SOUTH HUTMENTS,
RAJAJI MARGH, NEW DELHI,, PIN - 110011
4 PROJECT DIRECTOR,
ARMY WELFARE HOUSING ORGANISATION (AWHO) C/O.
PRASANNA VIHAR, MARINE DRIVE, OPPOSITE HIGH
COURT, KOCHI, PIN - 682031
5 DIRECTOR (CONTRACTS),
ARMY WELFARE HOUSING ORGANISATION (AWHO), ROOM
NO-25 SH, KASHMIR HOUSE, SOUTH HUTMENTS, RAJAJI
MARGH, NEW DELHI, PIN - 110011
6 PRESIDENT
BOARD OF GOVERNORS (BOG), AWHO, REPRESENTED BY
CHIEF OF ARMY STAFF, INDIAN ARMY, INTEGRATED
HEADQUARTERS, MINISTRY OF DEFENCE (MOD),
SOUTH BLOCK NEW DELHI, PIN - 110011
7 CHAIRMAN,
BOARD OF MANAGEMENT (BOM), AWHO, REPRESENTED BY
ADJUTANT GENERAL, INTEGRATED HEADQUARTERS,
MINISTRY OF DEFENCE (MOD), SOUTH BLOCK,
NEW DELHI, PIN - 110011
8 DIRECTOR GENERAL
DISCIPLINE, CEREMONIAL AND WELFARE
(DGDC&W),DEPUTY CHAIRMAN, AWHO INTEGRATED
HEADQUARTERS, MINISTRY OF DEFENCE (MOD) SOUTH
BLOCK, NEW DELHI, PIN - 110011
9 ENGINEER-IN-CHIEF,
MEMBER BOARD OF MANAGEMENT, AWHO INTEGRATED
HEADQUARTERS, MINISTRY OF DEFENCE (MOD) NEW
DELHI,, PIN - 110011
10 MANAGING DIRECTOR
SILPA PROJECTS AND INFRASTRUCTURE PRIVATE
LIMITED, 3RD FLOOR, NORTH AVENUE BUILDING,
PARAMARA ROAD, KOCHI, PIN - 682018
RP NO. 304 OF 2025 &
connected cases 30 2025:KER:45661
11 MANAGING DIRECTOR,
AJIT ASSOCIATES, SILVER SAND ISLAND,
VYTILA P.O,. KOCHI, PIN - 682019
12 MANAGING DIRECTOR
BUREAU VERITAS (INDIA) PRIVATE LIMITED, NO.
33/1178 F1, CHALIKKAVATTOM, KUMBALAPPALLY ROAD,
VYTILA P.O., KOCHI, PIN - 682028
13 13. HEAD OF THE DEPARTMENT OF CIVIL ENGINEERING
INDIAN INSTITUTE OF TECHNOLOGY
MADRAS (IITM), CHENNAI, TAMIL NADU, PIN - 600036
14 14. HEAD OF THE DEPARTMENT OF CIVIL ENGINEERING
MAR ATHANASIUS COLLEGE OF ENGINEERING (MACE)
KOTHAMANGALAM, ERNAKULAM,, PIN - 686691
15 ASSISTANT EXECUTIVE ENGINEER (CIVIL)
GREATER COCHIN DEVELOPMENT AUTHORITY (GCDA),
SAHODARAN AYYAPPAN RD, KADAVANTHRA P.O,
ERNAKULAM-, PIN - 682020
16 ASSISTANT EXECUTIVE ENGINEER (LSGD)
TRIPUNITHURA MUNICIPALITY, TRIPUNITHURA P.O,
ERNAKUALM,, PIN - 682301
17 TRIPUNITHURA MUNICIPALITY
REPRESENTED BY ITS SECRETARY, TRIPUNITHURA, P.O.
ERNAKUALM, PIN - 682031
18 JOINT DIRECTOR (EXECUTIVE ENGINEER)
PWD REGIONAL DESIGN OFFICE, BUILDINGS DIVISION,
ERNAKULAM, PIN - 682033
19 DISTRICT COLLECTOR
DISTRICT COLLECTORATE, FIRST FLOOR,
CIVIL STATION, KAKKANAD P.O, ERNAKULAM,
PIN - 682030
RP NO. 304 OF 2025 &
connected cases 31 2025:KER:45661
20 COMMISSIONER OF POLICE
ERNAKULAM CITY, ERNAKULAM,, PIN - 682011
21 STATION HOUSE OFFICER
MARADU POLICE STATION, ERNAKULAM CITY,
MARADU P.O., PIN - 682304
22 THE DIRECTOR
CENTRAL BUREAU OF INVESTIGATION GOVERNMENT OF
INDIA, PLOT NO. 5-B, 6TH FLOOR, CGO COMPLEX,
LODHI ROAD, NEW DELHI, PIN - 110003
23 DIRECTOR
ENFORCEMENT DEPARTMENT, GOVERNMENT OF INDIA,
DIRECTORATE OF ENFORCEMENT, PRAVARTAN BHAWAN,
DR. APJ ABDUL KALAM ROAD, NEW DELHI, PIN - 110011
24 COLONEL MURALEEDHARAN NAIR (RETIRED)
EX-PROJECT DIRECTOR, ARMY WELFARE HOUSING
ORGANSIATION (AWHO), 34/3005, VENAD, EDAPPALLY
P.O, ERNAKULAM, PIN - 682024
BY ADVS. SHRI.C.DINESH, CGC
SMT.C.ANCHALA, SC, GCDA
SHRI.K.S.ARUN KUMAR
SRI.K.SASIKUMAR
SRI.VIPIN P.VARGHESE, SC, GCDA
SHRI.JAISHANKAR V.NAIR, SC, ENFORCEMENT
DIRECTORATE
SHRI.SREELAL N.WARRIER,SPL.PUBLIC PROSECUTOR,
CENTRAL BUREAU OF INVESTIGATION (CBI)
SHRI.HARIKUMAR G. (GOPINATHAN NAIR)
SHRI.T.C.KRISHNA
SRI.RANJITH VARGHESE
SHRI.N.SATHEESH
SRI.THOMAS P.KURUVILLA
SRI.K.L.VARGHESE (SR.)
SMT. SURYA BINOY, SR. GOVERNMENT PLEADER
THIS REVIEW PETITION HAVING COME UP FOR HEARING ON
18.06.2025, ALONG WITH RP.304/2025 AND CONNECTED CASES, THE
COURT ON 25.06.2025 DELIVERED THE FOLLOWING:
RP NO. 304 OF 2025 &
connected cases 32 2025:KER:45661
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 25th DAY OF JUNE 2025 / 4TH ASHADHA, 1947
RP NO. 343 OF 2025
AGAINST THE JUDGMENT DATED 03.02.2025 IN WP(C)
NO.20298 OF 2024 OF HIGH COURT OF KERALA
REVIEW PETITIONER/15th RESPONDENT:
CHANDERKUNJ ARMY TOWERS APARTMENT OWNERS
ASSOCIATION (CATAOA) (ALSO KNOWN AS RESIDENTS
WELFARE ASSOCIATION), REPRESENTED BY ITS
PRESIDENT, BRIGADIER NIETZSCHE BALAN, AGED 63
YEARS, VSM (RETIRED), S/O D. K. BALAKRISHNAN,
RESIDING AT C-1801, C TOWER, ARMY TOWERS, AWHO
(CHANDERKUNJ), SILVER SAND ISLAND, VYTTILA P.O.,
ERNAKULAM DISTRICT, PIN - 682019
BY ADV SHRI.D.ANIL KUMAR
RESPONDENTS:
1 LT. CDR. V. V. KRISHNAN, AGED 43 YEARS,
S/O V. R. VASUDEVAN, RESIDING AT FLAT NO. B2204,
B TOWER CHANDERKUNJ ARMY TOWERS, SILVER SAND
ISLAND, VYTILLA, ERNAKULAM DISTRICT, KERALA,
PIN - 682019
2 THE UNION OF INDIA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
MINISTRY OF HOME AFFAIRS, NORTH BLOCK,
NEW DELHI, PIN - 110001
RP NO. 304 OF 2025 &
connected cases 33 2025:KER:45661
3 THE MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE
CHANGE, GOVERNMENT OF INDIA, REPRESENTED BY ITS
SECRETARY, INDIRA PARYAVARAN BHAWAN JORBAGH ROAD,
NEW DELHI, PIN - 110003
4 THE DEPUTY DIRECTOR GENERAL OF FORESTS (C)
INTEGRATED REGIONAL OFFICE, BANGALORE, MINISTRY
OF ENVIRONMENT, FOREST AND CLIMATE CHANGE,
INTEGRATED REGIONAL OFFICE KENDRIYASADAN, 4TH
FLOOR, E&F WINGS, 17TH MAIN ROAD, KORAMANGALA II
BLOCK, BANGALORE, PIN - 560034
5 THE MINISTRY OF DEFENCE
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
GOVERNMENT OF INDIA, SOUTH BLOCK, CABINET
SECRETARIAT, RAISINA HILL, NEW DELHI,
PIN - 110011
6 THE DEPARTMENT OF DEFENCE
REPRESENTED BY THE DEFENCE SECRETARY,
GOVERNMENT OF INDIA, ROOM NO. 6-A, SOUTH BLOCK,
CABINET SECRETARIAT, RAISINA HILL, NEW DELHI,
PIN - 110011
7 THE DEPARTMENT OF EX-SERVICEMEN WELFARE
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
99-A, SOUTH BLOCK, CABINET SECRETARIAT,
RAISINA HILL, NEW DELHI, PIN - 110011
8 THE ARMY WELFARE HOUSING ORGANISATION (AWHO)
REPRESENTED BY ITS MANAGING DIRECTOR, SOUTH
HUTMENTS, KASHMIR HOUSE, RAJAJI MARG, NEW DELHI,
PIN - 110011
9 GURDEEP SINGH
FORMER MD, ARMY WELFARE HOUSING ORGANIZATION
(AWHO), RESIDING AT H.NO.45A, SECTOR 15A,
NOIDA, PIN - 201301
10 THE BOARD OF GOVERNORS
REPRESENTED BY THE CHIEF OF THE ARMY STAFF AND
RP NO. 304 OF 2025 &
connected cases 34 2025:KER:45661
PRESIDENT, IHQ OF MOD (ARMY), SENABHAWAN, NEW
DELHI, PIN - 110001
11 THE CHIEF OF THE ARMY STAFF
IHQ OF MOD (ARMY), SENABHAWAN, NEW DELHI,
PIN - 110001
12 THE ADJUTANT GENERAL
IHQ OF MOD (ARMY), 'B' WING, SENABHAWAN,
NEW DELHI, PIN - 110001
13 REGIONAL OFFICE
ARMY WELFARE HOUSING ORGANIZATION (AWHO),
REPRESENTED BY ITS PROJECT DIRECTOR,
PRASANNAVIHAR, MARINE DRIVE, OPP. HIGH COURT,
KOCHI (KERALA), PIN - 682031
14 THE PROJECT DIRECTOR
ARMY WELFARE HOUSING ORGANISATION (AWHO),
PRASANNAVIHAR, MARINE DRIVE, OPP. HIGH COURT,
KOCHI (KERALA), PIN - 682031
15 MURALEEDHARAN NAIR
FORMER PROJECT DIRECTOR, ARMY WELFARE HOUSING
ORGANIZATION (AWHO), AGED 65 YEARS, S/O
P.R.MADHAVAPANICKER, RESIDING AT 34/3005, VENAD,
EDAPPALLY P.O., DEVANKULANGARADESOM, EDAPALLY
NORTH VILLAGE, KANAYANNUR TALUK, ERNAKULAM
DISTRICT, PIN - 682024
16 THE STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL
SELF GOVERNMENT (URBAN) DEPARTMENT, ROOM NO.
201A,2ND FLOOR, ANNEX I, SECRETARIAT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
17 THE SECRETARY TO GOVERNMENT
LOCAL SELF GOVERNMENT (URBAN) DEPARTMENT, ROOM
NO. 201A,2ND FLOOR, ANNEX I, SECRETARIAT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001
RP NO. 304 OF 2025 &
connected cases 35 2025:KER:45661
18 THE NATIONAL DISASTER MANAGEMENT AUTHORITY
REPRESENTED BY ITS MEMBER SECRETARY, NDMA BHAWAN,
A - 1, SAFDARJUNG ENCLAVE, NEW DELHI,
PIN - 110029
19 THE NATIONAL DISASTER RESPONSE FORCE
REPRESENTED BY ITS DIRECTOR GENERAL, NDRF,
ANTYODAYA BHAWAN, B - 2 WING, 9TH FLOOR,
CGO COMPLEX, LODHI ROAD, NEW DELHI, PIN - 110003
20 KERALA STATE DISASTER MANAGEMENT AUTHORITY
REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY,
REVENUE & DISASTER MANAGEMENT STATE RELIEF
COMMISSIONER & CONVENOR, DEPARTMENT OF REVENUE
AND DISASTER MANAGEMENT, 2NDFLOOR, REVENUE
COMPLEX, PUBLIC OFFICE BUILDING, OPP. MUSEUM,
THIRUVANANTHAPURAM, KERALA, PIN - 695033
21 THE DISTRICT DISASTER MANAGEMENT AUTHORITY
REPRESENTED BY ITS CHAIRMAN AND DISTRICT
COLLECTOR, ERNAKULAM, COLLECTORATE, KAKKANAD,
ERNAKULAM DISTRICT, PIN - 682030
22 THE DISTRICT COLLECTOR
ERNAKULAM, COLLECTORATE, KAKKANAD,
ERNAKULAM DISTRICT, PIN - 682030
23 DEPUTY COLLECTOR (DISASTER MANAGEMENT)
OFFICE OF THE DISTRICT DISASTER MANAGEMENT
AUTHORITY, ERNAKULAM, COLLECTORATE, KAKKANAD,
ERNAKULAM DISTRICT, PIN - 682030
24 THE TRIPUNITHURA MUNICIPALITY
MUNICIPAL OFFICE, TRIPUNITHURA P.O., LAYAM RD,
TRIPUNITHURA, ERNAKULAM DISTRICT,
REPRESENTED BY ITS SECRETARY, PIN - 682301
25 THE SECRETARY
TRIPUNITHURA MUNICIPALITY, MUNICIPAL OFFICE,
TRIPUNITHURA P.O., LAYAM RD, TRIPUNITHURA,
RP NO. 304 OF 2025 &
connected cases 36 2025:KER:45661
ERNAKULAM DISTRICT, PIN - 682301
26 THE VIGILANCE SQUAD
REPRESENTED BY THE CHIEF TOWN PLANNER
(VIGILANCE), LOCAL SELF GOVERNMENT DEPARTMENT -
VIGILANCE WING, VIGILANCE CELL, 5TH FLOOR,
SWARAJBHAVAN, NANTHANCODE, THIRUVANANTHAPURAM
DISTRICT, PIN - 695003
27 THE CHIEF TOWN PLANNER
LOCAL SELF GOVERNMENT DEPARTMENT, 5TH FLOOR,
SWARAJBHAVAN, NANTHANCODE, THIRUVANANTHAPURAM
DISTRICT, PIN - 695003
28 THE DISTRICT TOWN PLANNER
OFFICE OF DISTRICT TOWN PLANNER, LSGD PLANNING,
DPC SECRETARIAT BUILDING, 4TH FLOOR, CIVIL
STATION, KAKKANAD ERNAKULAM DISTRICT,
PIN - 682030
29 THE KERALA COASTAL ZONE MANAGEMENT AUTHORITY
(KCZMA)
REPRESENTED BY ITS MEMBER SECRETARY, OFFICE OF
THE KERALA COASTAL ZONE MANAGEMENT AUTHORITY,
4TH FLOOR, KSRTC BUS TERMINAL, THAMAPNOOR P.O.,
THIRUVANANTHAPURAM, PIN - 695001
30 THE KERALA REAL ESTATE REGULATORY AUTHORITY
REPRESENTED BY ITS SECRETARY, 6TH FLOOR,
TRINITY CENTRE, KESAVADASAPURAM, PATTOM P.O.,
THIRUVANANTHAPURAM, PIN - 695004
31 THE KERALA STATE POLLUTION CONTROL BOARD
REPRESENTED BY ITS CHAIRMAN, KERALA STATE
POLLUTION CONTROL BOARD OFFICE,
THIRUVANANTHAPURAM, PIN - 695001
32 THE ENVIRONMENTAL ENGINEER
OFFICE OF THE ENVIRONMENTAL ENGINEER, KERALA
STATE POLLUTION CONTROL BOARD, GANDHI NAGAR,
ERNAKULAM DISTRICT, PIN - 682020
RP NO. 304 OF 2025 &
connected cases 37 2025:KER:45661
33 THE DISTRICT FIRE OFFICER
DISTRICT FIRE OFFICE, FIRE AND RESCUE SERVICES,
KADAVANTHARA P.O., KOCHI, ERNKULAM DISTRICT,
PIN - 682020
34 THE DIRECTOR GENERAL OF CIVIL AVIATION
OFFICE OF THE DIRECTOR GENERAL OF CIVIL AVIATION,
TECHNICAL CENTRE, OPP SAFDARJANG AIRPORT,
NEW DELHI, PIN - 110003
35 M/S SILPA PROJECTS AND INFRASTRUCTURE INDIA
PRIVATE LIMITED
REPRESENTED BY ITS MANAGING DIRECTOR, 65/847-848,
3RD FLOOR, NORTH AVENUE, PARAMARA ROAD, KOCHI,
PIN - 682018
36 B.R.AJITH
ARCHITECT, AJIT ASSOCIATES ARCHITECTURAL
CONSULTANTS PVT. LTD, SILVER SAND ISLAND,
VYTTILLA P.O., KOCHI - 682019, AND ALSO HAVING
ADDRESS AT 3RD FLOOR, PUTHURAN PLAZA, KPCC
JUNCTION, M.G.ROAD, KOCHI, PIN - 682011
37 AJIT ASSOCIATES ARCHITECTURAL CONSULTANTS PVT.
LTD
REPRESENTED BY B.R.AJITH,, ARCHITECT AND MANAGING
DIRECTOR, SILVER SAND ISLAND, VYTTILLA P.O.,
KOCHI - 682019 AND ALSO HAVING ADDRESS AT 3RD
FLOOR, PUTHURAN PLAZA, KPCC JUNCTION, M.G.ROAD,
KOCHI, PIN - 682011
38 BUREAU VERITAS INDIA PVT LTD
REPRESENTED BY ITS MANAGING DIRECTOR, HEAD OFFICE
AT 72 BUSINESS PARK, 9TH FLOOR, OPPOSITE SEEPZ
GATE NO.2, MIDC CROSS ROAD 'C', ANDHERI EAST,
MUMBAI - 400093 AND HAVING REGIONAL OFFICE AT #
1030, 13TH CROSS, BANASHANKARI, 2ND STAGE,
ATTHIMABBE ROAD, BANGALORE, PIN - 560070
RP NO. 304 OF 2025 &
connected cases 38 2025:KER:45661
SHRI.K.S.ARUN KUMAR
SHRI.PRAKASH M.P., SC, KCZMA
SHRI.C.M.NAZAR, SC, KERALA REAL ESTATE REGULATORY
AUTHORITY
SRI. T.NAVEEN SC, KERALA STATE POLLUTION CONTROL
BOARD)
SHRI.T.C.KRISHNA, SCGC
SHRI.HARIKUMAR G. (GOPINATHAN NAIR)
SRI.RANJITH VARGHESE
SRI.K.SHAJ
SRI.THOMAS P.KURUVILLA
SHRI.BENNY GERVACIS (SR.)
SMT. SURYA BINOY, SR. GOVERNMENT PLEADER
THIS REVIEW PETITION HAVING COME UP FOR HEARING ON
18.06.2025, ALONG WITH RP.304/2025 AND CONNECTED CASES, THE
COURT ON 25.06.2025 DELIVERED THE FOLLOWING:
RP NO. 304 OF 2025 &
connected cases 39 2025:KER:45661
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 25th DAY OF JUNE 2025 / 4TH ASHADHA, 1947
RP NO. 345 OF 2025
AGAINST THE JUDGMENT DATED 03.02.2025 IN WP(C)
NO.40178 OF 2023 OF HIGH COURT OF KERALA
REVIEW PETITIONER/ADDITINAL 6th RESPONDENT:
RESIDENTS WELFARE ASSOCIATION, CHANDERKUNJ ARMY
TOWERS APARTMENT OWNERS ASSOCIATION
REGD NO.EKM/TC/116/2019, AWHO APARTMENT COMPLEX,
SILVER SAND ISLAND, VYTTILA P.O., ERNAKULAM
DISTRICT - 682019, REPRESENTED BY ITS PRESIDENT,
BRIGADIER NIETZSCHE BALAN, AGED 63 YEARS, VSM
(RETIRED), S/O D. K. BALAKRISHNAN, RESIDING AT
C-1801, C TOWER, ARMY TOWERS, AWHO (CHANDERKUNJ),
SILVER SAND ISLAND, VYTTILA P.O., ERNAKULAM
DISTRICT, PIN 682019
BY ADV SHRI.D.ANIL KUMAR
RESPONDENTS/PETITIONER & RESPONDENT Nos.1 TO 5:
1 CIBY GEORGE, AGED 56 YEARS,
C-0101, AWHO CHANDERKUNJ, SILVER SAND ISLAND,
VYTTILA P.O, ERNAKULAM, PIN - 682019
2 DISTRICT COLLECTOR,
COLLECTORATE, KAKKANAD, ERNAKULAM,
PIN - 682030
RP NO. 304 OF 2025 &
connected cases 40 2025:KER:45661
3 SECRETARY,
TRIPUNITHURA MUNICIPALITY, TRIPUNITHURA,
ERNAKULAM, PIN - 682301
4 EXECUTIVE ENGINEER
PWD BUILDING DIVISION, EDAPALLY JUNCTION,
EDAPALLY, ERNAKULAM,, PIN - 682024
5 SECRETARY,
GREATER KOCHIN DEVELOPMENT AUTHORITY,
P.B.NO.2012, KOCHI,, PIN - 682020
6 MANAGING DIRECTOR,
ARMY WELFARE HOUSING ORGANISATION, SOUTH
HUTMENTS, KASHMIR HOUSE, RAJAJI MARG,
NEW DELHI, PIN - 110011
BY ADVS. SHRI.K.S.ARUN KUMAR
SMT.C.ANCHALA, SC, GCDA
SHRI.ABI BENNY AREECKAL
SMT.BEA MARY BENNY
SHRI.BENNY GERVACIS (SR.)
SRI.VIPIN P.VARGHESE, SC, GCDA
SHRI.BENNY GERVACIS
SHRI.M.R.SABU
SMT. SURYA BINOY, SR. GOVERNMENT PLEADER
THIS REVIEW PETITION HAVING COME UP FOR HEARING ON
18.06.2025, ALONG WITH RP.304/2025 AND CONNECTED CASES, THE
COURT ON 25.06.2025 DELIVERED THE FOLLOWING:
RP NO. 304 OF 2025 &
connected cases 41 2025:KER:45661
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 25th DAY OF JUNE 2025 / 4TH ASHADHA, 1947
RP NO. 414 OF 2025
AGAINST THE JUDGMENT DATED 03.02.2025 IN WP(C)
NO.22536 OF 2024 OF HIGH COURT OF KERALA
REVIEW PETITIONER/PETITIONER:
CHANDRAMOHANAN UNNITHAN, AGED 72 YEARS,
S/O R.R UNNITHAN B 0703, CHANDERKUNJ,
SILVER SAND ISLAND, VYTTILA P.O., ERNAKULAM
DISTRICT- (COLONEL (RETIRED), INDIAN ARMY),
PIN - 682019
BY ADVS. SRI.K.SASIKUMAR
SRI.S.ARAVIND
SRI.P.S.RAGHUKUMAR
RESPONDENTS/RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY THE DEFENCE SECRETARY TO THE
GOVERNMENT, MINISTRY OF DEFENCE, GOVERNMENT OF
INDIA, NEW DELHI, PIN - 110011
2 ARMY WELFARE HOUSING ORGANISATION (AWHO),
REPRESENTED BY ITS MANAGING DIRECTOR (MD),
ROOM NO-25 SH, KASHMIR HOUSE, SOUTH HUTMENTS,
RAJAJI MARGH, NEW DELHI, PIN - 110011
3 PROJECT DIRECTOR
RP NO. 304 OF 2025 &
connected cases 42 2025:KER:45661
ARMY WELFARE HOUSING ORGANISATION (AWHO),
C/O. PRASANNA VIHAR, MARINE DRIVE, OPPOSITE HIGH
COURT, KOCHI, PIN - 682031
4 DIRECTOR (CONTRACTS)
ARMY WELFARE HOUSING ORGANISATION (AWHO),
ROOM NO-25 SH, KASHMIR HOUSE, SOUTH HUTMENTS,
RAJAJI MARGH, NEW DELHI, PIN - 110011
5 PRESIDENT,
BOARD OF GOVERNORS (BOG), AWHO REPRESENTED BY
CHIEF OF ARMY STAFF, INDIAN ARMY, INTEGRATED
HEADQUARTERS, MINISTRY OF DEFENCE (MOD),
SOUTH BLOCK NEW DELHI, PIN - 110011
6 CHAIRMAN,
BOARD OF MANAGEMENT (BOM), AWHO REPRESENTED BY
ADJUTANT GENERAL, INTEGRATED HEADQUARTERS,
MINISTRY OF DEFENCE (MOD) SOUTH BLOCK,
NEW DELHI, PIN - 110011
7 DIRECTOR GENERAL
DISCIPLINE, CEREMONIAL AND WELFARE (DGDC&W),
DEPUTY CHAIRMAN, AWHO INTEGRATED HEADQUARTERS,
MINISTRY OF DEFENCE (MOD) SOUTH BLOCK,
NEW DELHI, PIN - 110011
8 ENGINEER- IN-CHIEF
MEMBER BOARD OF MANAGEMENT, AWHO INTEGRATED
HEADQUARTERS, MINISTRY OF DEFENCE (MOD)
NEW DELHI, PIN - 110011
9 PRESIDENT, RESIDENTS WELFARE ASSOCIATION (RWA),
CHANDERKUNJ APARTMENTS, SILVER SAND ISLAND,
VYTTILA P.O., PIN - 682019
10 MANAGING DIRECTOR,
SILPA PROJECTS AND INFRASTRUCTURE PRIVATE
LIMITED, 3RD FLOOR, NORTH AVENUE BUILDING,
PARAMARA ROAD, KOCHI, PIN - 682018
RP NO. 304 OF 2025 &
connected cases 43 2025:KER:45661
11 MANAGING DIRECTOR
AJIT ASSOCIATES, SILVER SAND ISLAND,
VYTILLA P.O,. KOCHI, PIN - 682019
12 MANAGING DIRECTOR
BUREAU VERITAS (INDIA) PRIVATE LIMITED, NO.
33/1178 F1, CHALIKKAVATTOM, KUMBALAPPALLY ROAD,
VYTILLA P.O., KOCHI, PIN - 682028
13 HEAD OF THE DEPARTMENT OF CIVIL ENGINEERING,
INDIAN INSTITUTE OF TECHNOLOGY, MADRAS (IITM)
CHENNAI, TAMIL NADU, PIN - 600036
14 HEAD OF THE DEPARTMENT OF CIVIL ENGINEERING,
MAR ATHANASIUS COLLEGE OF ENGINEERING (MACE)
KOTHAMANGALAM, ERNAKULAM, PIN - 686691
15 ASSISTANT EXECUTIVE ENGINEER (CIVIL)
GREATER COCHIN DEVELOPMENT AUTHORITY (GCDA),
SAHODARAN AYYAPPAN RD, KADAVANTHRA P.O,
ERNAKULAM, PIN - 682020
16 ASSISTANT EXECUTIVE ENGINEER (LSGD)
TRIPUNITHURA MUNICIPALITY, TRIPUNITHURA P.O,
ERNAKUALM, PIN - 682301
17 TRIPUNITHURA MUNICIPALITY
REPRESENTED BY ITS SECRETARY, TRIPUNITHURA, P.O.
ERNAKUALM, PIN - 682301
18 JOINT DIRECTOR (EXECUTIVE ENGINEER)
PWD REGIONAL DESIGN OFFICE, BUILDINGS DIVISION,
ERNAKULAM, PIN - 682033
19 DISTRICT COLLECTOR
DISTRICT COLLECTORATE, FIRST FLOOR, CIVIL
STATION, KAKKANAD P.O, ERNAKULAM, PIN - 682030
20 COMMISSIONER OF POLICE
ERNAKULAM CITY, ERNAKULAM, PIN - 682011
RP NO. 304 OF 2025 &
connected cases 44 2025:KER:45661
21 STATION HOUSE OFFICER
MARADU POLICE STATION, ERNAKULAM CITY,
MARADU P.O., PIN, PIN - 682304
22 THE DIRECTOR, CENTRAL BUREAU OF INVESTIGATION
GOVERNMENT OF INDIA, PLOT NO. 5-B, 6TH FLOOR,
CGO COMPLEX, LODHI ROAD, NEW DELHI, PIN - 110003
23 DIRECTOR ENFORCEMENT DEPARTMENT
GOVERNMENT OF INDIA, DIRECTORATE OF ENFORCEMENT,
PRAVARTAN BHAWAN, DR. APJ ABDUL KALAM ROAD,
NEW DELHI, PIN - 110011
24 COLONEL MURALEEDHARAN NAIR (RETIRED)
EX-PROJECT DIRECTOR, ARMY WELFARE HOUSING
ORGANSIATION (AWHO) 34/3005, VENAD, EDAPPALLY
P.O, ERNAKULAM, PIN - 682024
BY ADVS. SHRI.C.DINESH, CGC
SHRI.K.S.ARUN KUMAR, SC, TRPA MUNICIPALITY
SHRI.T.C.KRISHNA, SENIOR PANEL COUNSEL
SRI.VIPIN P.VARGHESE, SC, GCDA
SHRI.JAISHANKAR V.NAIR, SC, ENFORCEMENT
DIRECTORATE-SERVED
SHRI.SREELAL N.WARRIER,SREELAL N.WARRIER,
SPL.PUBLIC PROSECUTOR, CENTRAL BUREAU OF
INVESTIGATION (CBI)
SHRI.HARIKUMAR G. (GOPINATHAN NAIR)
SRI.RANJITH VARGHESE
SHRI.N.SATHEESH
SRI.THOMAS P.KURUVILLA
SMT. SURYA BINOY, SR. GOVERNMENT PLEADER
THIS REVIEW PETITION HAVING COME UP FOR HEARING ON
18.06.2025, ALONG WITH RP.304/2025 AND CONNECTED CASES, THE
COURT ON 25.06.2025 DELIVERED THE FOLLOWING:
RP NO. 304 OF 2025 &
connected cases 45 2025:KER:45661
ORDER
[RP Nos.304/2025, 310/2025, 317/2025, 332/2025, 334/2025,
336/2025, 340/2025, 341/2025, 342/2025, 343/2025, 345/2025,
414/2025]
The above petitions are filed seeking a review of the
common judgment of this Court in W.P (C) No.40178 of 2023 and
connected cases, dated 03.02.2025, which directed the following;
"47. Given the above, the writ petitions are allowed,
modifying the order passed by the District Collector dated
29.03.2024, as under:
a) The District Collector is directed to constitute a
committee comprising of experts including an
experienced Structural Engineer, two owners from the
Residents Association, an experienced Engineer from the
Municipality concerned, an experienced Officer from the
Town Planning Department and such other personnel
necessary for a proper implementation of the demolition
and reconstruction of the towers with equal size and
facilities. The said committee will meet within two weeks
from today and decide the modalities for evacuation of
the allottees, for demolition and reconstruction of the
Towers in question.
b) The committee referred to above will have the power to
RP NO. 304 OF 2025 &
connected cases 46 2025:KER:45661
make the appropriate choice of technology, including
architectural and structural designs and a project impact
assessment, for the demolition and reconstruction and to
ensure that it does not affect the communities in the
affected areas or the neighbourhood. This includes
setting clear timelines for evacuation, demolition, and
reconstruction to avoid unnecessary delays.
c) The committee will take all steps to pool the
professional skills and expertise required to realise the
objective of ensuring a faster evacuation, demolition, and
reconstruction and shall make every endeavour to build
consensus among all the stakeholders to speed the
reconstruction process.
d) As soon as the authorities concerned in the State of
Kerala receive applications regarding demolition or
reconstruction, subject to meeting all the parameters,
permission will be accorded without any unnecessary
delay by treating this as a special case.
e) The AWHO will be further directed to disburse the
amounts admitted in their counter affidavit, namely
Rs.1,75,00,00,000/-, in the manner suggested by the
committee.
f) AWHO will also disburse the amounts, if any ordered in
the arbitration proceedings pending against the
contractor the architect and the project director, less the
actual amount of expenses incurred by AWHO for the
RP NO. 304 OF 2025 &
connected cases 47 2025:KER:45661
arbitration proceedings. AWHO will also utilize insurance
claims for the demolished structure, if any, to cover the
costs.
g) The Committee may also collect the salvage value of
the building materials and attempt to recover/use such
materials for reconstruction wherever possible.
h) AWHO can also seek permission to construct additional
floors/additional areas on the same site where the towers
were situated, subject to the provisions of the relevant
Building Rules, to enable them to offset the expenses
incurred in the demolition and reconstruction.
i) The owners have occupied the building, used it, and
even obtained rental income from 2018 to date. After
reconstruction, they will be getting a brand new building.
Consequently, the committee will also decide on the extra
amount that can be collected from the owners before
handing over the newly constructed building.
j) Apart from the amount/heads mentioned above, the
AWHO shall bear the balance cost, for the process
detailed above.
k) The AWHO will pay the owners of Tower B and C, who
were residing as of 29.03.2024, Rs.21,000/--and Rs. 23,000/
-- respectively per month towards the expenses for
alternate accommodation until reconstruction.
l) The committee will be empowered to decide any other
matter that arises during evacuation, demolition, or
RP NO. 304 OF 2025 &
connected cases 48 2025:KER:45661
reconstruction, subject to the provisions of law.
m) The committee while carrying out the activities as
directed will take note of the suggestions made by the
IISc in its report dated 10.08.2024 as well as the directions
issued by the Hon'ble Supreme Court in Rajendra
Kumar Barjatya and Ors. v. U.P. Avas Evam Vikas
Parishad and ors. [MANU/SC/1351/2024].
n) The committee will also be empowered to make such
complaints against those responsible for creating a
situation that led to the demolition of the towers in
question."
2. To begin with, it is important to note that a court's
review of its prior judgment is warranted only upon the discovery
of a manifest error that subverts justice or the validity of the
judgment. The entertainment of a review demands caution and is
appropriate solely for significant errors, glaring omissions or clear
mistakes arising from judicial oversight. An error must be evident
without extensive reasoning; otherwise, it cannot qualify as
apparent. If a court has reached factual findings after a
comprehensive assessment of the facts, law, and circumstances,
those findings can only be contested based on clear error, not
RP NO. 304 OF 2025 &
connected cases 49 2025:KER:45661
merely by rehashing previous arguments. Thus, reviews are strictly
limited to obvious errors, while judgments on merits necessitate
appeals. The term "any other sufficient reason" for reviewing
judgments encompasses reasons comparable to those outlined in
the relevant provisions.
3. That said, justice is a virtue that transcends all barriers.
Neither procedural rules nor legal technicalities can hinder its
pursuit; even the law bends before justice. The essence of writ
jurisdiction exercised by higher courts is rooted in equity and
fairness, driven by a commitment to prevent injustice.
Technicalities aside, if the court is convinced of existing injustice, it
is both its constitutional and legal duty to rectify it, stepping
beyond the ordinary role of mere dispute resolution.
4. With due regard to the above principles, when the
review petitions came up for admission on 17.03.2025, this Court
passed an order, inter alia, directing the AWHO to respond to the
following queries.
RP NO. 304 OF 2025 &
connected cases 50 2025:KER:45661
i. As regards the date fixed, namely, 29.3.2024 for paying the
rentals to the allottees including its quantum.
ii. The concerns regarding the directions given as 'e' and 'f' in
the judgment, pertaining to the cost of demolition and
reconstruction to be borne by the AWHO.
iii. The situation of certain allottees who are terminally ill and
their preference for a buy-back option instead of waiting for
demolition and reconstruction.
5. Heard the learned counsel appearing for the parties and
perused the records.
6. On the quantum of the rent fixed in the judgment, the
District Collector, who is also the Convenor of the committee, stated
the following in the affidavit dated 4.04.2025:
"6. The amount to be spent on evacuation and rent by the
AWHO is also a point of dispute. The rent amount of Rs. 21000-
23000 directed in the Court order is stated to be much less than
the prevalent market rates. A team constituting of the
Secretary, Thripunithura Municiplaity, Executive Engineer,
PWD (buildings) and Tahsildar, Kanayannur were directed to
enquire and report about the rent in the surrounding areas. On
behalf of the team, Tahsildar, Kanayannur reported that 3 BHK
apartments are charged with an amount of Rs. 35,000/- to
38,000/- as rent along with an additional service charge. The
RP NO. 304 OF 2025 &
connected cases 51 2025:KER:45661
flats in the B and C towers were mainly 3 BHK luxury and
deluxe apartments. Considering their designation, service and
the mode of living the apartment owners are entitled to, it is
demanded by the flat owners that the rate of rent specified in
the Court order may be revised."
7. Considering that local inspections reveal the rent for
similar accommodations is higher than the amounts fixed by the
court, and taking into account the designation and standard of
living of the allottees, who will be paying rent for at least four
years, I deem it appropriate to modify condition No.(k) in the
judgment. The rent will now be enhanced to Rs.30,000/- and
Rs.35,000/-, replacing the previous amounts of Rs.21,000/- and
Rs.23,000/- for owners of Towers B and C, respectively.
Accordingly, the direction in condition No. (k) is modified and
reviewed as above.
8. The review petitions also seek clarity regarding
condition No. (k), which directed the AWHO to pay the stipulated
rent to owners of Tower B and C, residing as of 29.03.2024. As
clarified earlier by this court, the said condition should not be
RP NO. 304 OF 2025 &
connected cases 52 2025:KER:45661
interpreted as excluding the allottees who were temporarily not in
occupation on that date. Rather, it excluded those who had not
commenced residence and those who had their flats rented out.
9. The apprehension raised in the review petitions
regarding the cost of demolition and reconstruction is misplaced as
the judgment under review has already held AWHO liable for the
entire cost for demolition and reconstruction, subject to the other
conditions therein.
10. Regarding the buy-back option, it is noted from the
minutes of the meeting held on April 22, 2025, that the residents'
association informed that 82 out of 264 allottees have expressed
interest in the buy-back scheme. In light of this information, the
committee must reevaluate/reassess the scale of the construction,
considering the number of allottees who wish to proceed with
reconstruction as well as the amount to be offered to those opting
for the buy-back. This comprehensive exercise, factoring in all
relevant aspects, must be completed by the time the demolition
RP NO. 304 OF 2025 &
connected cases 53 2025:KER:45661
process is over and at any rate, within six months from today.
Resultantly, the committee shall not be constrained by direction
No. (a) to construct towers of equal size and facilities. Condition No.
(h) permitting the AWHO to put up additional floors will also
depend on the decision to be taken by the committee on the size of
the construction. Accordingly, conditions Nos. (a) and (h) are
modified and reviewed to the above extent.
11. The timeline set out by the District Collector in his
affidavit dated 21.05.2025, reflecting the decision of the committee,
shall be scrupulously adhered to. The District Collector, in his
capacity as the Convener of the committee, shall ensure that all the
members of the committee comply fully with the directions issued,
including any instructions called for. Needless to say that the
AWHO will make all the statutory applications on behalf of the
committee.
12. The Collector will, based on the above directions, intimate
the AWHO of the amounts required at each stage, comprising
RP NO. 304 OF 2025 &
connected cases 54 2025:KER:45661
evacuation, demolition and reconstruction.
13. As regards Review Petition No. 304/2025, it is asserted that
although a prayer for the cancellation of the Occupancy Certificate
was made, it was neither considered nor granted. The judgment
provided sufficient reasoning as to why the statutory violations
were not afforded detailed examination, especially since an order
for demolition was issued. Consequently, this review petition is to
be dismissed, as the denial of the prayers sought effectively
constitutes a refusal.
14. In Review Petition No. 310/2025, the argument is that
the prayers outlined in the writ petition were inaccurately recorded
in the judgment under review. It is essential to highlight that the
writ petition included a total of 13 prayers, primarily aimed at
challenging the order made by the District Collector, which
permitted the 7th respondent, AWHO, to proceed with retrofitting.
Notably, the writ petition also contained a prayer (marked as Prayer
No. (J)) for reconstruction after obtaining necessary sanctions. This
RP NO. 304 OF 2025 &
connected cases 55 2025:KER:45661
prayer was granted, and resultantly the review petitioners can have
no further grievance.
15. The remaining grounds raised in the review petitions, as
earlier stated, exceed the limited jurisdiction and are hence outside
the purview of a review petition.
The review petitions are disposed of as above.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
DMR/-
RP NO. 304 OF 2025 &
connected cases 56 2025:KER:45661
RESPONDENT ANNEXURES
ANNEXURE R5(d) TRUE COPY OF THE PAR ESTIMATE OF GENERAL
RECONSTRUCTION OF CHANDER KUNJ ARMY
TOWERS,TOWER B=C CIVIL WORK AS SUBMITTED
BY THE EXECUTIVE ENGINEER ,PWD BUILDING
DIVISION DATED 29-3-2025
ANNEXURE R5(a) TRUE COPY OF THE MINUTES OF THE MEETING
DATED 22-4-25
ANNEXURE R5(b) TRUE COPY OF THE LETTER DATED 2-5-2025
ANNEXURE R5(c) TRUE COPY OF THE DETAILED WORK PLAN HAS
BEEN PREPARED REGARDING THE PHASE 1 TO
PHASE 4 ACTIVITIES
// TRUE COPY //
P.A. TO JUDGE
RP NO. 304 OF 2025 &
connected cases 57 2025:KER:45661
RESPONDENTS' ANNEXURES
Annexure A BREAKDOWN OF COST
Annexure B1 COMPLAINT CASE NO. 97 OF 2024 FILED BY
LT COL SMITHA RANI FILED BEFORE THE
RERA, ERNAKULAM
Annexure B2 COMPLAINT CASE NO. 98 OF 2024 FILED BY
SAJIE SHANKAR FILED BEFORE THE RERA,
ERNAKULAM
Annexure B3 COMPLAINT CASE NO. 99 OF 2024 FILED BY
SAJI THOMAS FILED BEFORE THE RERA,
ERNAKULAM
Annexure B4 COMPLAINT CASE NO. 103 OF 2024 FILED BY
CHANDERKUNJ WELFARE MAINTENANCE SOCIETY
FILED BEFORE THE RERA, ERNAKULAM
PETITIONER'S ANNEXURES
Annexure A1 TRUE COPY OF THE EMAIL DATED 26.2.2024
SENT FROM CHANDERKUNJ TO MANADING
DIRECTOR, AWHO
// TRUE COPY //
P.A. TO JUDGE
RP NO. 304 OF 2025 &
connected cases 58 2025:KER:45661
PETITIONER'S ANNEXURES
Annexure A1 TRUE COPY OF THE EMAIL DATED 26.4.2025
SENT BY 1ST RESPONDENT TO M.D., AWHO
// TRUE COPY //
P.A. TO JUDGE
