IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 21ST JANUARY 2010 / 1ST MAGHA 1931 WP(C).No. 11002 of 2008(I) -------------------------- PETITIONERS: --------------- 1. BASTIN.T.D, AGED 63 YEARS, S/O.DEVASSY, RETIRED TEACHER, THARAYIL HOUSE, MALAYATTOOR.P.O, ERNAKULAM DISTRICT. 2. PRAKASH.T.M, AGED 36 YEARS, S/O.MADHAVAN THARANILATHU HOUSE, KALADY.P.O, CHENGALKARA, KANJOOR PANCHAYATH, ERNAKULAM. 3. BIJU.N.P, AGED 29 YEARS, S/O.N.M.PAULOSE NEDUNGADAN HOUSE, NAYATHODU KARA, ANGAMALY.P.O, ERNAKULAM. 4. VINCENT PALATHINGAL, AGED 52 YEARS, S/O.PAVUNNI, CN-23, CHURCH NAGAR, EAST AVENUE, ANGAMALY. 5. K.K.PAUL, AGED 56 YEARS, S/O.LATE KURIAN KOORANTHAZHATHUPARAMBIL HOUSE, KARAYAMPARAMBUKARA, KARUKUTTY P.O., ALUVA. 6. RENY POULOSE, AGED 37 YEARS, W/O.K.C.POULOSE, KALLARACKAL HOUSE, KEDANGOORKARA, THURAVOOR VIA, ANGAMALY, ERNAKULAM DIST. 7. M.C.JOSE, AGED 42 YEARS, MADATHUMKUDY HOUSE, NEAR OLD TILES FACTORY GATE, AGADYKADAVU, ANGAMALY, ERNAKULAM DIST. 8. SAJEEV.T.K, AGED 35 YEARS, S/O.KUMARAN, BUSINESS, THARANILATHU HOUSE, KIZHAKKUMBHAGOM VILLAGE, PARAPPURAM.P.O, ERNAKULAM. 9. MR.M.V.PAULOSE, AGED 35 YEARS, S/O.VARGHESE, MAVELI HOUSE, KINDANGOOR.P.O, THURAVUR VILLAGE, ANGAMALY, ERNAKULAM DISTRICT. 10. ABHILASH MENACHERY, AGED 26, S/O.M.J.VARKEY, RESIDING AT MENACHERY HOUSE, ANGAMALY, ERNAKULAM. WP(C).No. 11002 of 2008(I) 2 11. BAIJU.K.A, AGED 30, S/O.K.U.ALIAYS, RESIDING AT AT KOORAN HOUSE, ANGADI KADAVU, ANGAMALY, ERNAKULAM.' 12. P.K.POULOSE, AGED 43 YEARS, S/O.KURIAN, RETIRED SBT MANAGER, ,MOOLANAKATHATTU HOUSE, EDADKARA, NELLEKUZHY P.O., ERAMALOOR VILLAGE. 13. DONY PAUL, AGED 32 YEARS, S/O.P.T.PAUL, PANATTUPARAMBIL HOUSE, NAYATHODU P.O., ANGAMALY. 14. TRESA PAUL, AGED 62 YEARS,W/O.P.T.PAUL, PANATTUPARAMBIL HOUSE, NAYATHODU P.O, ANGAMALY. 15. DENNY PAUL, AGED 28 YEARS, S/O.P.T.PAUL, PANATTUPARAMBIL HOUSE NAYATHODU P.O., ANGAMALY. 16. MRS.MARY JOY, AGED 44 YEARS, W/O.T.K.JOY THIRUTHAMATHIL HOUSE, MANJAPARA P.O, ANGAMALY. 17. RAJEEV.G, AGED 38 YEARS, S/O.GOPALAKRISHNAN PILLAI, VELIYATH HOUSE, KALADY P.O. 18. SUBRAMANIAN, AGED 56 YEARS, S/O.VELAYUDHAN, THEKKEKKUDY HOUSE, THURAVOOR P.O. ANGAMALY. 19. MR.BALU P.JACOB, AGED 34 YEARS, S/O.JACOB, PARAYIL HOUSE, ANGADIKADAVU, ANGAMALY, ERNAKULAM DISTRICT. 20. DR.ANNIE BALU, AGED 31 YEARS, W/O.BALU P.JACOB, PARAYIL HOUSE, ANGADIKADAVU, ANGAMALY, ERNAKULAM DISTRICT. BY ADV. SMT.JEENA JOSEPH SRI.G.D.PANICKER RESPONDENTS: --------------- 1. THE DIST.MANAGER, KERALA FINANCIAL CORPORATION, ERNAKULAM. 2. MR.PAUL JOSEPH, S/O.OUSEPH, PALLIPPATTU HOUSE, KIDANGOORKARA, THURAVOOR VILLAGE, ALUVATALUK, ERNAKULAM. PIN:683576. WP(C).No. 11002 of 2008(I) 3 3. BOBAN PAUL, AGED 37 YEARS, S/O.PAULOSE, DIRECTOR, LAMEX BUILDERS & DEVELOPERS PVT.LTD., PATTALATTU HOUSE, PONETH TEMPLE ROAD, KADAVANTHRA, ERNAKULAM. 4. TAHSILDAR, ANGAMALY. GOVERNMENT PLEADER SRI.K.RAMESH ADV. SRI.M.M.SAYED MUHAMMED, SC, KFC FOR R1 DR.GEORGE ABRAHAM FOR R2 & 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. ------------------------------------------------ W.P.(C)No.11002 of 2008 ------------------------------------------------ Dated this the 21st day of January, 2010 JUDGMENT The petitioners are the purchasers of shop rooms in the 'Paul Arcade Shopping Complex' in Angamaly town. The second respondent is the land owner and third respondent is the builder of this shopping complex. The petitioners purchased Shop room bearing different numbers which are detailed in paragraph one of the writ petition. Apprehending that the shop rooms allotted to the petitioners will be taken over by the Kerala Financial Corporation for enforcing their claim against respondents 2 and 3, this writ petition was filed. 2. It is submitted by the learned counsel for the 2nd and 3rd respondents that the entire amount towards the Kerala Financial Corporation has been paid to them and there is nothing remaining to be paid, which is admitted by the learned Standing Counsel for the 1st respondent also. The same is recorded. Regarding the demand towards building tax the parties will agitate it before appropriate authorities. The writ petition is disposed of as above. No costs. T.R.RAMACHANDRAN NAIR, JUDGE skj