IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 26TH SEPTEMBER 2011 / 4TH ASWINA 1933 WP(C).No. 23602 of 2011(A) -------------------------------------- PETITIONER(S): ----------------------- SANTHA SACHIDANANDAN, AGED 74 YEARS,W/O.SACHIDANANDA MENON, SANTHA VIHAR PRASANTHI NAGAR, DOOR NO.V/622/B,MANIMALA ROAD,EDAPPALLY. BY ADV. SRI.M.RAMESH CHANDER, SMT.K.A.SANJEETHA. RESPONDENT(S): ------------------------- GREATER COCHIN DEVELOPMENT AUTHORITY, P.B.NO.2012,KOCHI-682 020. REPRESENTED BY ITS SECRETARY. BY ADV. SRI.M.K.THANKAPPAN, SC, GCDA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DS WP(C).No. 23602 of 2011(A) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE SALE DEED DATED 1.12.2005 P2: COPY OF THE REPRESENTATION TO THE RESPONDENT DATED 17.3.2011 P3: COPY OF THE RECEIPT ISSUED BY RESPONDENT DATED 17.3.2011 P4: COPY OF THE ORDER NO.19773/ESTATE/B-1/11/GCDA ISSUED BY RESPONDENT DATED 8.7.2011 RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ PA TO JUDGE DS ANTONY DOMINIC, J. ================ W.P.(C) NO. 23602 OF 2011 ===================== Dated this the 26th day of September, 2011 J U D G M E N T Ext.P1 is a sale deed executed by the 1st respondent in favour of the petitioner. This document is dated 1/12/2005 and Clause 6 states that the vendee shall not part with the land or alienate it within 10 years from the date of execution of the document of title without the prior consent of the Secretary of the 1st respondent. Petitioner now wants to assign the land in favour of her daughter and therefore she made an application for no objection certificate of the 1st respondent. To that application, petitioner got Ext.P3 and Ext.P4 reply stating that revenue recovery proceedings have already been initiated against the petitioner for realisation of the excess amount of the value payable and on account of its pendency, NOC cannot be issued. It is on receipt of Ext.P4, the writ petition is filed mainly contending that no such recovery proceedings are pending. 2. Standing counsel has obtained instructions from the 1st respondent and submits that revenue recovery proceedings have been initiated and that proceedings are pending. It is stated that WPC No. 23602/11 :2 : on payment of the said amount, 1st respondent is willing to consider the request of the petitioner for issuance of NOC. 3. Since the case of the petitioner is that she has so far not been intimated of any excess amount due from her and as the respondent is asserting that revenue recovery proceedings already initiated are pending, 1st respondent is directed to issue notice to the petitioner and intimate the excess amount that is payable by her. This notice shall be given within two weeks of production of a copy of this judgment. It is directed that, on receipt of the notice as above, if the petitioner discharges the liability that is due, fresh orders reconsidering her request for NOC will be passed at any rate within 3 weeks thereafter. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp