Kerala High Court
Greater Cochin Development Authority ... vs Dr. P S Herbert on 24 September, 2025
Author: A. Muhamed Mustaque
Bench: A.Muhamed Mustaque
2025:KER:71349
WA Nos.965/2023, 1138/2023, 1160/2023, 1168/2023, 1176/2023,
1365/2023
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
WEDNESDAY, THE 24TH DAY OF SEPTEMBER 2025 / 2ND ASWINA,
1947
WA NO. 965 OF 2023
AGAINST THE JUDGMENT DATED 08.12.2022 IN WP(C)
NO.21468 OF 2013 OF HIGH COURT OF KERALA
APPELLANTS/RESPONDENTS:
1 GREATER COCHIN DEVELOPMENT AUTHORITY (GCDA),
REPRESENTED BY THE SECRETARY, GCDA, ERNAKULAM
PIN - 682 020.
2 SECRETARY, GREATER COCHIN DEVELOPMENT AUTHORITY
(GCDA), ERNAKULAM PIN - 682 020
BY ADVS.
SRI.VIPIN P.VARGHESE
SMT.MEHNAZ P. MOHAMMED
SHRI.ANIRUDH G. KAMATH
SHRI.ADARSH MATHEW
SMT.MERLINE MATHEW
SMT.CELINE JOHN
SMT.SREELEKSHMI G.
2025:KER:71349
WA Nos.965/2023, 1138/2023, 1160/2023, 1168/2023, 1176/2023,
1365/2023
2
RESPONDENT/PETITIONER:
K.S ABDUL, S/O. K.B. SAIDU, AGED 74 YEARS,
ASHANA HOUSE, IV / 101, GCDA, ALTHARA ROAD,
THOTTUKATTUKARA P.O, ALUVA, PIN - 683 108
BY ADVS.
SRI.SANTHEEP ANKARATH
SHRI.P.ANIRUDHAN
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON
24.09.2025, ALONG CONNECTED CASES, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
2025:KER:71349
WA Nos.965/2023, 1138/2023, 1160/2023, 1168/2023, 1176/2023,
1365/2023
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
WEDNESDAY, THE 24TH DAY OF SEPTEMBER 2025 / 2ND ASWINA,
1947
WA NO. 1138 OF 2023
AGAINST THE JUDGMENT DATED 08.12.2022 IN WP(C)
NO.12757 OF 2010 OF HIGH COURT OF KERALA
APPELLANT/RESPONDENT:
GREATER COCHIN DEVELOPMENT AUTHORITY (GCDA),
REPRESENTED BY THE SECRETARY, GCDA, ERNAKULAM
PIN - 682 020.
BY ADVS.
SRI.VIPIN P.VARGHESE
SMT.CELINE JOHN
SHRI.ANIRUDH G. KAMATH
SMT.SREELEKSHMI G.
SMT.MEHNAZ P. MOHAMMED
RESPONDENTSPETITIONERS:
1 GEORGE CHUMMAR, S/O. CHUMMAR, PUDUSSERY HOUSE,
2025:KER:71349
WA Nos.965/2023, 1138/2023, 1160/2023, 1168/2023, 1176/2023,
1365/2023
4
CHOWARA, ALUVA , NOW RESIDING AT CC 44/3797,
MAMANGALAM-POTTAKUZHY ROAD, KALOOR P.O, PIN -
682 017
2 FOUZIYA ABOOBACKER, W/O. K.I. ABOOBACKER,
KARUKUNNATH HOUSE, PERUNGAL P.O, PIN - 683 565
BY ADVS.
SHRI.SHIBU JOSEPH
SRI.JOSEPH GEORGE (KANNAMPUZHA)
SHRI.M.A.AZEEZ MUSHTAQUE
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON
24.09.2025, ALONG WITH CONNECTED CASES, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
2025:KER:71349
WA Nos.965/2023, 1138/2023, 1160/2023, 1168/2023, 1176/2023,
1365/2023
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
WEDNESDAY, THE 24TH DAY OF SEPTEMBER 2025 / 2ND ASWINA,
1947
WA NO. 1160 OF 2023
AGAINST THE JUDGMENT DATED 08.12.2022 IN WP(C)
NO.16440 OF 2013 OF HIGH COURT OF KERALA
APPELLANT/RESPONDENT:
GREATER COCHIN DEVELOPMENT AUTHORITY (GCDA)
GCDA, P.B NO. 2012, KADAVANTHARA P.O, COCHIN,
REPRESENTED BY ITS SECRETARY., PIN - 682 020
BY ADVS.
SRI.VIPIN P.VARGHESE
SMT.MERLINE MATHEW
SMT.MEHNAZ P. MOHAMMED
SMT.CELINE JOHN
SMT.SREELEKSHMI G.
SHRI.ADARSH MATHEW
SHRI.ANIRUDH G. KAMATH
RESPONDENT/PETITIONER:
2025:KER:71349
WA Nos.965/2023, 1138/2023, 1160/2023, 1168/2023, 1176/2023,
1365/2023
6
MARY PHILIP, W/O DR. E.M PHILIPS, HILKOM
BUNGLOW, ALUVA, ERNAKULAM DISTRICT, REPRESENTED
BY POWER OF ATTORNEY HOLDER, SRI.JACOB KOSHY,
S/O KOSHY MATHEW, MALLASSERY MADAYIL HOUSE, NEAR
ST.THOMAS CHURCH, U.C COLLEGE P.O ALUVA, PIN -
683 102
BY ADVS.
SRI.SANTHEEP ANKARATH
SMT.ANJALI MENON
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON
24.09.2025, ALONG WITH WA.965/2023 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:71349
WA Nos.965/2023, 1138/2023, 1160/2023, 1168/2023, 1176/2023,
1365/2023
7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
WEDNESDAY, THE 24TH DAY OF SEPTEMBER 2025 / 2ND ASWINA,
1947
WA NO. 1168 OF 2023
AGAINST THE JUDGMENT DATED 08.12.2022 IN WP(C)
NO.25809 OF 2011 OF HIGH COURT OF KERALA
APPELLANTS/RESPONDENTS:
1 GREATER COCHIN DEVELOPMENT AUTHORITY (GCDA)
REPRESENTED BY SECRETARY, ERNAKULAM, KOCHI, PIN
- 682 020
2 THE SECRETARY, GREATER COCHIN DEVELOPMENT
AUTHORITY, ERNAKULAM, KOCHI, PIN - 682 020
BY ADVS.
SRI.VIPIN P.VARGHESE
SHRI.ADARSH MATHEW
SMT.SREELEKSHMI G.
SHRI.ANIRUDH G. KAMATH
SMT.MERLINE MATHEW
SMT.CELINE JOHN
SMT.MEHNAZ P. MOHAMMED
2025:KER:71349
WA Nos.965/2023, 1138/2023, 1160/2023, 1168/2023, 1176/2023,
1365/2023
8
RESPONDENT/PETITIONER:
M.G KRISHNAKUMARI, W/O D. PAVITHRAN, SAJU
BHAVAN, SIVA TEMPLE ROAD, THOTTUKKATTUKARA,
ALUVA, PIN - 683 108
BY ADVS.
SRI.JOSEPH ALBIN NEDUNTHALLY
SHRI.T.M.CHANDRAN
SRI.S.SUJITH
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON
24.09.2025, ALONG WITH CONNECTED CASES, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
2025:KER:71349
WA Nos.965/2023, 1138/2023, 1160/2023, 1168/2023, 1176/2023,
1365/2023
9
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
WEDNESDAY, THE 24TH DAY OF SEPTEMBER 2025 / 2ND ASWINA,
1947
WA NO. 1176 OF 2023
AGAINST THE JUDGMENT DATED 08.12.2022 IN WP(C)
NO.27050 OF 2011 OF HIGH COURT OF KERALA
APPELLANTS/RESPONDENTS:
1 GREATER COCHIN DEVELOPMENT AUTHORITY (GCDA)
REPRESENTED BY ITS SECRETARY, ERNAKULAM, KOCHI.,
PIN - 682 020
2 THE SECRETARY, GREATER COCHIN DEVELOPMENT
AUTHORITY, ERNAKULAM, KOCHI 682 020.
BY ADVS.
SRI.VIPIN P.VARGHESE, SC, GCDA
SHRI.ADARSH MATHEW
SMT.CELINE JOHN
SMT.MEHNAZ P. MOHAMMED
SMT.MERLINE MATHEW
SMT.SREELEKSHMI G.
SHRI.ANIRUDH G. KAMATH
2025:KER:71349
WA Nos.965/2023, 1138/2023, 1160/2023, 1168/2023, 1176/2023,
1365/2023
10
RESPONDENTS/PETITIONERS:
1 M.V. CHERIAN, MAMPILLY HOUSE, 28/734,
KADAVANTHARA ROAD, KOCHI., PIN - 682 020
2 KS GOPALAKRISHNAN (EXPIRED), KALISSERY HOUSE,
KADAVANTHARA P.O., KOCHI, PIN - 682 020
3 K.I. SARALA, W/O. LATE GOPALAKRISHNAN, KALISSERY
HOUSE, NEAR AKSHAYA HOSPITAL, KADAVANTHARA,
KOCHI, PIN - 682 020
BY ADVS.
SRI.SANTHEEP ANKARATH
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON
24.09.2025, ALONG WITH CONNECTED CASES, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
2025:KER:71349
WA Nos.965/2023, 1138/2023, 1160/2023, 1168/2023, 1176/2023,
1365/2023
11
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
WEDNESDAY, THE 24TH DAY OF SEPTEMBER 2025 / 2ND ASWINA,
1947
WA NO. 1365 OF 2023
AGAINST THE JUDGMENT DATED 08.12.2022 IN WP(C)
NO.17911 OF 2010 OF HIGH COURT OF KERALA
APPELLANT/RESPONDENT:
GREATER COCHIN DEVELOPMENT AUTHORITY (GCDA)
P.B NO.2012, KOCHI, REPRESENTED BY ITS
SECRETARY, PIN - 682 020
BY ADVS.
SRI.VIPIN P.VARGHESE, SC, GCDA
SMT.MEHNAZ P. MOHAMMED
SHRI.ADARSH MATHEW
SHRI.ANIRUDH G. KAMATH
SMT.SREELEKSHMI G.
SMT.MERLINE MATHEW
SMT.CELINE JOHN
RESPONDENTS/PETITIONER AND 2ND RESPONDENT:
2025:KER:71349
WA Nos.965/2023, 1138/2023, 1160/2023, 1168/2023, 1176/2023,
1365/2023
12
1 DR. P S HERBERT, PULIKKATHARA HOUSE, KOTTAPPURAM
PO, KODUNGALLUR (VIA), THRISSUR DT, REPRESENTED
BY HIS POWER OF ATTORNEY HOLDER SHRI PS VINCENT,
S/O DVASSIKUTTY ALIAS PV SEBASTIAN, PULIKATHARA
HOUSE, KOTTAPPURAM P O, KODUNGALLUR, THRISSUR
DISTRICT., PIN - 680 667
2 THE DISTRICT COLLECTOR, ERNAKULAM, PIN - 682 030
BY ADVS.
SHRI.T.RAMPRASAD UNNI
SMT.ASWINI SANKAR R.S.
SRI.K.RAMAKUMAR (SR.)
SRI.S.M.PRASANTH
SRI.T.H.ARAVIND
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON
24.09.2025, ALONG WITH CONNECTED CASES, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
2025:KER:71349
WA Nos.965/2023, 1138/2023, 1160/2023, 1168/2023, 1176/2023,
1365/2023
13
JUDGMENT
[WA Nos.965/2023, 1138/2023, 1160/2023, 1168/2023,
1176/2023, 1365/2023]
A. Muhamed Mustaque, J.
These appeals stare at the Greater Cochin
Development Authority (for short, "GCDA") themselves, as they
failed to incorporate the necessary clause into the sale deed
executed to secure the actual consideration of the land value
they paid for acquiring land for housing projects. The GCDA
acquired land and thereafter, allotted it to different purchasers.
While allotting land, they mentioned that they would be entitled
to claim the differential value of the land in the event the
Reference Court enhance the value of the land. However, while
executing the sale deed, there is no such stipulation in the sale
deed. After the execution of the sale deed, GCDA initiated
proceedings to claim the excess amount. This resulted in the
2025:KER:71349
WA Nos.965/2023, 1138/2023, 1160/2023, 1168/2023, 1176/2023,
1365/2023
challenge before this Court.
2. The GCDA's stand is that they are entitled to
the excess amount for the consideration paid for the land
acquired to be recovered from the allottees.
3. By a detailed judgment, the learned Single
Judge was of the view that such a recovery is impossible
against the terms and conditions of the sale deed. The rights
and obligations of the parties have been concluded by the sale
deed, and it cannot be reopened by separate proceedings.
4. The learned counsel for the GCDA submits that
the GCDA is entitled to levy public charges as referred to under
Section 55 (5d) of the Transfer of Property Act, enforcing the
obligation on the buyer. It is to be noted that the GCDA is now
invoking its authority and power to enforce even a private
remedy available to them. However, this may not be possible
unless they seek appropriate relief for the performance of the
contract, particularly if they invoke the private law obligations.
Anyway, we find absolutely no scope for interfering
2025:KER:71349
WA Nos.965/2023, 1138/2023, 1160/2023, 1168/2023, 1176/2023,
1365/2023
with the very well- reasoned judgment of the learned Single
Judge. Accordingly, these appeals stand dismissed.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
HARISANKAR V. MENON
JUDGE
PR
