IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 18TH JULY 2008 / 27TH ASHADHA 1930 WP(C).No. 16827 of 2005(C) --------------------------------------- PETITIONERS: -------------------- 1. THRIKKAKARA G.C.D.A. HOUSE OWNERS' ASSOCIATION (REGN. NO.E.R.137-92), SURABHI NAGAR, KAKKANAD, KOCHI-682 030, REPRESENTED BY ITS SECRETARY, SHRI.THOMAS JOHN. 2. DR.GEORGE MATHEW, S/O.O.G.MATHEW, RESIDING AT HIG 7, SURABHI NAGAR, KAKKANAD, KOCHI-682 030. BY ADV. SRI.S.V.BALAKRISHNA IYER (SR.), ADV. SRI.P.B.KRISHNAN. RESPONDENTS: ----------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE GREATER COCHIN DEVELOPMENT AUTHORITY, KOCHI-682 020, REPRESENTED BY ITS SECRETARY. GOVT. PLEADER SRI. NOBLE MATHEW, FOR R1, ADV. SRI.P.R.RAMACHANDRA MENON, SC,GCDA FOR R2. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.16827/2005-C: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE AGREEMENT ENTERED BETWEEN THE G.C.D.A. AND ONE OF THE RESIDENTS OF THE SURABHI NAGAR DTD. 05/04/1991. EXT.P.2: COPY OF THE LETTER ISSUED BY RESPONDENT NO. 2 DTD. 12/10/1993. EXT.P.3: COPY OF THE LETTER ISSUED BY THE GOVERNMENT OF KERALA DTD 18/08/2004. EXT.P.4: COPY OF THE REPRESENTATION MADE BY PETITIONER NO.1. BEFORE THE R.2. DTD. 28/05/2005. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// prv. KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No. 16827 OF 2005 --------------------------------------- Dated this the 18th day of July, 2008. J U D G M E N T This writ petition is filed with the following prayer: i) Issue a writ of mandamus or any other appropriate writ, order or direction restraining the respondents from converting the existing open space and common amenities withing the Surabhi Nagar Colony under the Thrikkakara Pattupurackal Scheme into built up area for any BOT Flat Complex or otherwise. It is seen that the petitioners have filed Exhibit P4 representation before the second respondent. There will be a direction to the second respondent to consider Exhibit P4 with notice to the petitioners and pass appropriate orders thereon in accordance with law, expeditiously. Interim order passed by this Court will continue till such time. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No. 16827 OF 2005 J U D G M E N T 18.07.2008