IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 11TH JUNE 2010 / 21ST JYAISTHA 1932 WP(C).No. 28763 of 2009(M) -------------------------- PETITIONER(S): --------------- SASIPRABHA, W/O.C.V.MANI, AGED 58, CHERAMANGALATH HOUSE, SHENOI ROAD, KALOOR, KOCHI-682 017. BY ADV. SRI.TOM K.THOMAS RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY TO GOVERNMENT LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. GREATER COCHIN DEVELOPMENT AUTHORITY REPRESENTED BY SECRETARY, KADAVANTHARA, KOCHI-682 020. GOVT. PLEADER SHRI.M.A.ASIF ADV. SRI.S.B.PREMACHANDRA PRABHU FOR R3 ADV.MUHAMMED YOUSUF, SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 28763/09. APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE EXCHANGE DEED. P2. COPY OF THE APPLICATION BEFORE THE VILLAGE OFFICER, ERNAKULAM. P3. COPY OF THE PETITION BEFORE R3. P4. COPY OF THE PETITION DTD.8.11.05 TO R3. P5. COPY OF THE PETITION DTD.12.9.06 TO R3. P6. COPY OF THE DECISION DTD.26.5.08 OF THE GENERAL COUNCIL OF GCDA. P7. COPY OF THE ORDER DTD.2.2.10. P8. COPY OF THE ORDER DTD.6.4.2010. RESPONDENT(S)' EXHIBITS: R3A. COPY OF THE LETTER DTD.3.3.07. B. COPY OF THE REPLY DTD.13.4.07. C. COPY OF THE LETTER DTD.12.6.08 BY R3. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No. 28763 of 2009 ================== Dated this the 11th day of June, 2010 J U D G M E N T An extent of 15.480 cents of land was acquired by the 3rd respondent-Greater Cochin Development Corporation, from the petitioner for the construction of the Jawaharlal Nehru International Stadium at Ernakulam. At the time of acquisition, the petitioner was promised that she will be given a suitable land in the very same locality. Accordingly, Ext.P1 exchange deed was executed. However, it was found that the land given to the petitioner comprised partly of thodu puramboke and same was proposed to be acquired by the Railways. Thereafter, the 3rd respondent agreed to give another property to the petitioner and a decision was taken to that effect by the executive committee of the GCDA as also the General Council on 26.5.2008. The petitioner filed this writ petition since no action was taken pursuant the said decision. Originally the 3rd respondent took the contention that the matter was referred to the Government for approval and without getting approval of the Government, the same cannot be done. But during the pendency of the writ petition, the Government passed Ext.P7 order, whereby the GCDA was given permission to implement their decision by giving the petitioner the land proposed to be given. But unfortunately, in Ext.P7, the extent of w.p.c.28763/09 2 the property was shown as 10.75 cents and the survey number was shown as 293. Therefore, the matter was taken up with the Government for correction of the same. The petitioner has now produced Ext.P8, wherein the Government has corrected the mistake in the survey number, but the extent remains the same. But the petitioner submits that the petitioner is satisfied with that extent. In view of the above orders of the Government, the GCDA cannot have any objection as per their decision dated 26.5.2008. Accordingly, this writ petition is disposed of with a direction to the 3rd respondent-GCDA to complete the proceedings as per their decision on 26.5.2008 and execute an exchange deed as expeditiously as possible, at any rate, within four months from the date of receipt of a certified copy of this judgment. The parties agree that the reclamation of the land also has to be done, which also the GCDA would do and it is for that purpose, the larger time of four months is fixed for completion of the process. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge