IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 8TH JUNE 2010 / 18TH JYAISTHA 1932 WP(C).No. 16549 of 2010(P) -------------------------- PETITIONERS: --------------- 1. T.K.THANKAPPAN, PLOT NO.112, JAWAHAR NAGAR, P.O.KADAVANTHARA, KOCHI-682 020. 2. C.P.KESAVADAS, PLOT.NO.106, JAWAHAR NAGAR, P.O.KADAVANTHARA, KOCHI-682 020. 3. JAISON JAMES, PLOT.NO.117, JAWAHAR NAGAR, P.O.KADAVANTHARA, KOCHI-682 020. 4. T.THOMAS, PLOT NO.116, JAWAHAR NAGAR, P.O.KADAVANTHARA, KOCHI-682 020. 5. DR.V.CHANDRABHANU, PLOT NO.118 A, JAWAHAR NAGAR, P.O.KADAVANTHARA, KOCHI-682 020. 6. M.T.JOSE, PLOT NO.114, JAWAHAR NAGAR, P.O.KADAVANTHARA, KOCHI-682 020. 7. V.M.VIJAYAGOPAL, PLOT NO.111, JAWAHAR NAGAR, P.O.KADAVANTHARA, KOCHI-682 020. 8. N.SEETHARAMAN, PLOT NO.110, JAWAHAR NAGAR, P.O.KADAVANTHARA, KOCHI-682 020. BY ADV. SRI.T.P.KELU NAMBIAR, SENIOR ADVOCATE SRI.P.G.RAJAGOPALAN SRI.M.GOPIKRISHNAN NAMBIAR 2 WP(C).No. 16549 of 2010 RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF TOWN PLANNER, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 3. CORPORATION OF KOCHI, MAIN OFFICE, ERNAKULAM, KOCHI-682 011, REPRESENTED BY ITS SECRETARY. 4. GREATER COCHIN DEVELOPMENT AUTHORITY, GREATER COCHIN DEVELOPMENT AUTHORITY OFFICE BUILDING, KADAVANTHARA, KOCHI-682 020, REPRESENTED BY ITS SECRETARY. 5. THE ERNAKULAM CO-OPERATIVE HOUSE CONSTRUCTION SOCIETY LIMITED, NO.E-169, GIRI NAGAR, KOCHI-682 020, REPRESENTED BY ITS SECRETARY. GOVERNMENT PLEADER MR. C.M. SURESH BABU R4 BY ADV. SRI.M.K.THANKAPPAN, SC, GCDA R3 BY SRI.C.M.SURESH BABU,SC,COCHIN CORPORATI. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ---------------------------------------- WP (C) NO. 16549 of 2010 --------------------------------------- Dated this the 8th day of June, 2010 J U D G M E N T The petitioners here in are the members of the fifth respondent Co-operative House Construction Society. They are also some of the allottees of plots in the Jawahar Nagar Project Scheme formulated by the fifth respondent Society. The scheme framed includes provision for common amenities like road, school, park, shopping complex etc. It is pointed out in the writ petition that the scheme and lay out were sanctioned by the Government under Section 12 of the Town Planning Act. The land value was fixed taking into consideration of the total value of the land purchased by the fifth respondent Society and the value of land earmarked for common amenities. 2. It is pointed in the writ petition that the fifth 2 WP (C) NO. 16549 of 2010 respondent Society has approached respondents 1 to 4 to seek a variation of the scheme and to earmark these items of the properties for the construction of a multi-storeyed apartment building. It is the case of the petitioners that the same cannot be permitted. 3. Apprehending such action on the part of the respondents the petitioners have filed various representations before the Chief Town Planner Secretary of the Local Self Government Department and the Secretary of the Cochin Corporation. As no positive reply has been given so far in the matter this writ petition has been filed. 4. Heard the learned Government Pleader appearing for the respondents 1 and 2 and the learned standing counsel appearing for the 3rd respondent Corporation. It was submitted that even though the 5th respondent submitted an application before the Corporation, so far no decision has been taken. The Government has also not taken a decision in the matter. 3 WP (C) NO. 16549 of 2010 5. In that view of the matter there will be a direction that the objections raised by the petitioners will be considered by the Government and the Corporation before any final decision is taken. Till such orders are passed the status quo as on today will be maintained. No costs. T.R. RAMACHANDRAN NAIR, JUDGE. rkc