IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 16TH JANUARY 2009 / 26TH POUSHA 1930 W.A.No. 119 of 2009 ------- -------------------- AGAINST THE JUDGEMENT IN WPC.24830/2007 DATED 18/03/2008 .................... APPELLANT/NOT A PARTY TO WRIT PETITION: ------------------------------------------------------------------- KUMARANASAN NAGAR RESIDENTS ASSOCIATION, REGISTRATION NO.ER 352/1989, PLOT NO.90, KUMARANASAN NAGAR, KOCHI-682020, REPRESENTED BY ITS PRESIDENT RTD. LT. COL.A.N.DHARMARAJAN, PLOT NO.13, KUMARANASAN NAGAR, KOCHI-20. BY ADV. SRI.N.SUKUMARAN SRI.S.SHYAM SRI.N.K.KARNIS SRI.BOBBYMATHEW KOOTHATTUKULAM RESPONDENTS/PEITIONERS & RESPONDENTS IN W.P.: -------------------------------------------------------------------------------- 1. P.J.XAVIER, S/O PALAPPARAMBIL JOSEPH, PALATHURUTHU, ELAMKULAM, KANAYANNUR. 2. P.J.JOB, S/O PALAPPARAMBIL JOSEPH, PALATHURUTHU, ELAMKULAM, KANAYANNUR. 3. P.J.MONY ALIAS P.J.MOLLY, S/O PALAPPARAMBIL JOSEPH, PALATHURUTHU, ELAMKULAM, KANAYANNUR. 4. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE LOCAL SELF GOVERNMENT(M) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 5. THE CHIEF TOWN PLANNER, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 6. THE REGIONAL TOWN PLANNER, REGIONAL TOWN PLANNING OFFICE, ERNAKULAM. 7. TOWN PLANNING OFFICER, CORPORATION OF KOCHI. W.A.No.119 of 2009 - 2 - 8. CORPORATION OF KOCHI, REPRESENTED BY ITS SECRETARY, KOCHI-11. 9. THE TAHSILDAR, KANAYANNUR TALUK, ERNAKULAM. R1 TO R3 BY ADV. SRI.V.V.ASOKAN SMT.S.AMINA R4 TO R6 BY SR.GOVERNMENT PLEADER SMT.MEERA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 16/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.Koshy, Ag.C.J. & V.Giri, J. ------------------------------------------ W.A.No. 119 of 2009 ------------------------------------------ Dated, this the 16th day of January, 2009 JUDGMENT J.B.Koshy, Ag.C.J. Writ petitioners are owners of land in Cochin City. Their property was freezed for a long time on the ground that there was a proposal for road widening. They want to construct a multi-storeyed building and for that purpose this land also should be used. They applied for permit. Permit was not granted because of the freezing. The land cannot be taken away except by consent or by acquisition and the land cannot be freezed for ever. Various other directions were also given. Parties were also directed to file affidavits stating that if at any time the land is required for development of the road, they will not claim any cost and that they will demolish the construction also. Affidavits are filed, but it is stated that the permit is not yet issued. Directions were given by the learned Judge on the facts and circumstances of the case and after considering all W.A.No.119 of 2009 2 aspects of the matter. We see no ground to interfere with the judgment. 2. The appellant which is a residents' association filed this appeal with leave as they were not parties to the writ petition. It is stated that they are residents in Kumaranasan Nagar which is close to the proposed land. The only direction we can give is that the Corporation should also hear the appellant before granting permit to the writ petitioners. All factual aspects can be considered by the Corporation while granting permit subject to the directions of the learned Single Judge. Writ appeal is disposed of with the above direction. J.B.Koshy, (Ag. Chief Justice) V.Giri, (Judge) vns