IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 4TH AUGUST 2008 / 13TH SRAVANA 1930 WP(C).No. 23236 of 2008(N) -------------------------- PETITIONER: ---------------------- T.V.VIJAYARAJAN AGED 63 YEARS, S/O. P.K.VELAYUDHAN, ADVOCATE, RESIDING AT SREERAGAM CIVIL STATION ROAD, KAKKANAD - 682 030 BY ADV. SRI.V.A.MUHAMMED SRI.M.SAJJAD RESPONDENTS: ------------------------ 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE GREATER COCHIN DEVELOPMENT AUTHORITY REPRESENTED BY ITS SECRETARY, KOCHI 682 020. BY ADV. SRI.P.R.RAMACHANDRA MENON, SC,GCDA FOR R2 GOVT. PLEADER SHRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.23236 of 2008 ================== Dated this the 4th day of August, 2008 J U D G M E N T The petitioner was alloted a plot by the Greater Cochin Development Authority. The petitioner originally paid price of the land, as fixed by the GCDA. Subsequently the GCDA directed the petitioner to pay additional land value of Rs.5,975/- with interest thereon amounting to Rs.15,872/-. After adjusting the amount already paid the petitioner has been directed to pay an amount of Rs.15,980/-. The petitioner submits that the petitioner has already paid the principal amount and what remains is interest alone. The petitioner has got a case that the petitioner is not liable to pay the principal amount itself since the plot alloted to the petitioner is not from any land acquired by the Government for GCDA, but land which belonged to the Government and therefore, he is not liable to pay any additional land value, as no additional land value has been paid by the GCDA as enhanced compensation for land acquisition. 2. The learned Standing Counsel appearing for the GCDA would submit that the price of the land is fixed taking into account the entire land involved in the Scheme under which land was alloted to the petitioner as a whole, which includes acquired w.p.c.23236/08 2 land also and therefore, the petitioner is liable to pay proportionate increase in the land value for the entire scheme. 3. The petitioner has already approached the Government by filing Ext.P9 appeal in the matter. The petitioner now seeks a direction to the 1st respondent to consider and pass orders on Ext.P9 expeditiously. 4. I have heard the learned counsel for the petitioner, the learned Government Pleader appearing for the 1st respondent and the learned Standing Counsel appearing for the 2nd respondent. 5. In the facts and circumstances of the case, I dispose of this writ petition with a direction to the 1st respondent to consider and pass appropriate orders on Ext.P9, as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment. Till orders are passed on Ext.P9, recovery proceedings shall be kept in abeyance. The petitioner shall produce a copy of the writ petition along with a certified copy of this judgment before the 1st respondent for compliance. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.23236/08 3