IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 9TH SEPTEMBER 2009 / 18TH BHADRA 1931 WP(C).No. 6522 of 2007(B) ------------------------------------- PETITIONERS: --------------------- 1. RAJIV NAGAR RESIDENTS' WELFARE ASSSOCIATION,REG.NO.ER.273/06,49/697 H1,"ERALIL" RAJIV NAGAR,ELAMAKKARA,KOCHI-682 026.REP.BY ITS SECRETARY,LT.COL.(RETD.)V.J.JOSEPH,S/O.LATE E.V.GEORGE,AGED 61,RESIDING AT."ERALIL",PLOT NO.73,(H)NO. 49/697/H1,RAJIV NAGAR,ELAMAKKARA,EDAPPALLY,KOCHI-26. 2. O.VENUGOPAL,S/O.T.P.GOPALAN NAIR,AGED 55 "ANASWARA",RAJIV NAGAR,PLOT NO.48,(H)NO.49/697/G, ELAMAKKARA,EDAPPILLY NORTH VILLAGE, KOCHI-26, PRESIDENT, RAJIV NAGAR RESIDENTS' WELFARE ASSOCIATION,REG.NO.ER.273/06,49/697 H1,"ERALIL", RAJIV NAGAR, ELAMAKKARA, KOCHI-682 026. 3. K.GOPINATH, S/O.A.KUNJU PANICKER, AGED 61, "ASWATHY", PLOT NO.40, HOUSE NO.49/697/F, RAJIV NAGAR, ELAMAKKARA, EDAPPILLY NORTH VILLAGE, KOCHI-26,VICE PRESIDENT, RAJIV NAGAR RESIDENTS' WELFARE ASSOCIATION, REG.NO.ER.273/06,49/697 H1, "ERALIL",RAJIV NAGAR, ELAMAKKARA, KOCHI-682 026. BY ADV. MR.MAJNU KOMATH. RESPONDENTS: ------------------------ 1. CORPORATION OF COCHIN, REPRESENTED BY ITS SECRETARY, SHANMUGHAM ROAD, KOCHI- 682 011. 2. ASSISTANT EXECUTIVE ENGINEER, CORPORATION OF COCHIN, ZONAL OFFICE, EDAPPILLY, KOCHI-682 024. W.P.(C). NO.6522/2007-B: 3. KERALA STATE CO-OPERATIVE HOUSING FEDERATION, LTD.NO.4330, KALOOR, KOCHI- 682 017, REPRESENTED BY ITS MANAGING DIRECTOR. *ADDL. R.4 IMPLEADED: 4. VIPIN JOSE, AGED 30, S/O. P.C. JOSEPH, PONNATTU HOUSE, VAZHITHALA.P.O., THODUPUZHA. *ADDITIONAL 4TH RESPONDENT IS IMPLEADED AS PER ORDER DTD. 07/11/07 IN I.A. NO. 14726/07. *ADDL.R5 IMPLEADED: 5. N. RAJESH KUMAR, AGED 40 YEARS, S/O. C. NARENDRAN, RESIDING AT “RAJASREE”, SUBASH NAGAR, ELAMAKKARA, KOCHI-24. *ADDITIONAL 5TH RESPONDENT IS IMPLEADED AS PER ORDER DATED 07/11/07 IN I.A. NO. 14890/07. R1 & R2 BY ADV. MR. S. RAMESH BABU, R3 BY MR. K. RAMAKUMAR, SENIOR ADVOCATE, ADVS. MR.A.K.CHINNAN, SMT.SUSAL A. CHINNAN, MR.M.A.THOMAS KUTTY, ADDL.R4 BY MR.T.KRISHNANUNNI, SENIOR ADVOCATE, ADVS.MR.VARGHESE C.KURIAKOSE, MR.PRAVEEN K. JOY, ADDL.R5 BY ADVS.SMT.JAYASREE MANOJ, MR.M.RISHIKESH SHENOY. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD 09/09/2009 ALONG WITH W.P.(C).NO. 7447/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.6522/2007-B: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE CERTIFICATE OF REGISTRATION OF THE P.1. ASSOCIATION NO. ER.NO.273/06 DT. 22/03/2006. EXT.P.2: COPY OF THE SALE DEED EXECUTED BY THE R.3. IN FAVOUR OF THE P.3. EXT.P.3: COPY OF THE LAYOUT DESIGN FOR PROPOSED HOUSING COLONY APPROVED BY THE COCHIN CORPORATION. EXT.P.4: COPY OF THE REQUEST DTD. 18/03/1994 SENT BY THE R.3. TO R.1. EXT.P.5: COPY OF THE COMPALINT FILED BY THE P.1. BEFORE THE R.1. EXT.P.6: COPY OF THE TENDER NOTICE PUBLISHED IN MALAYALA MANORAMA DAILY ON 12/02/2007. EXT.P.7: COPY OF THE INTIMATION NO. E.Y.P 2-754/06 DTD. 13/02/2007 ISSUED BY THE R.2. TO P.1. EXT.P.8: COPY OF THE ORDER OF THIS HONOURABLE COURT DTD 28/02/2007. EXT.P.9: COPY OF THE ORDER OF THIS HONOURABLE COURT DTD. 13/04/2007. EXT.P.10: COPY OF THE ORDER OF THIS HONOURABLE COURT DTD. 23/08/2007. EXT.P.11: COPY OF THE LETTER RECEIVED FROM THE R.3. BY THE P.1. EXT.P.12: COPY OF THE REPLY DTD. 13/09/2007 SENT BY THE PETITIONER TO THE R.3. EXT.P.13: COPY OF THE TENDER NOTICE PUBLISHED IN MALAYALA MANORAMA DAILY ON 11/09/2007. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. ANTONY DOMINIC,J. --------------------- W.P.(C).Nos.6522/07 &7447/08 ------------------------ Dated this the 9th day of September, 2009. JUDGMENT Petitioners in WP(c).No.6522/07 are the Rajiv Nagar Residents' Welfare Association and others. They approached this court aggrieved by Ext.P6 tender notice issued by the 3rd respondent in WP(c).No.6522/07, the Kerala State Co- operative Housing Federation Ltd. inviting tenders for sale of 97.450 cents of land in Sy. No.116/4 of Edappally North Village, which according to the petitioners was earmarked as an open space as per Ext.P3 layout plan, approved by the Corporation of Cochin. Although, during the pendency of the writ petition, apparently taking advantage of the order dated 12.4.2007, a fresh tender notice was also issued by Ext.P13, that was also stayed by this court. During the pendency of this writ petition, it has now come out that, the 3rd respondent Society has taken a decision to WP(c).Nos.6552/07 &7447/08 2 cancel its decision to sell the land in question. In view of that decision the further directions sought for in WP(c).No.6522/07 are not called for and WP(c).No.6522/07 is accordingly closed. 2. In so far as WP(c).No.7447/08 is concerned, the petitioner herein is the highest bidder against Exts.P2 and P3 notices inviting tenders issued by the 3rd respondent referred to above. He approached this court mainly complaining that though his offer was the highest, the sale was not confirmed in his favour, due to pendency of WP(c).No.6522/07 and a direction for the confirmation of the sale is sought for. 3. During the pendency of this writ petition the Society had decided to cancel the sale. In such circumstances the petitioner in WP(c).No.7447/08 cannot seek a direction to the Society to confirm the sale in his favour. Therefore WP(c). No.7447/08 is only to be rejected and I do so. (ANTONY DOMINIC) JUDGE vi/ WP(c).Nos.6552/07 &7447/08 3