IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 30TH SEPTEMBER 2010 / 8TH ASWINA 1932 WP(C).No. 28455 of 2010(F) -------------------------- PETITIONER(S): --------------------- JOY PAUL, S/O.GEREGORY PAUL, PALLIPARAMBIL HOUSE, AMRITA KUDEERAM COLONY, AMRITA NAGAR, AMBALAMEDU P.O., COCHIN, PIN - 682 303. SECRETARY, AMRITA KUDEERAM RESIDENCE ASSOCIATION, NO.B1/8, AMBALAMEDU, COCHIN - 682 303. BY ADV. SRI.V.P.PRASAD RESPONDENT(S): ---------------------- 1. THE CHAIRPERSON, GREATER COCHIN DEVELOPMENT AUTHORITY, P.B.NO.2012, COCHIN - 682 020. 2. THE PRESIDENT/SPECIAL GRADE SECRETARY, VADAVUKODE - PUTHENCRUZ GRAMA PANCHAYATH, PUTHENCRUZ P.O., PIN - 682 308. 3. THE VILLAGE OFFICER, VILLAGE OFFICE, VADAVUKODE, PUTHENCRUZ P.O., PIN - 682 308. 4. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, FISHERIES AND REGISTRATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001. 5. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001. 6. MATH AMRITHANANDAMAYI MATH, AMRITAPURI, KOLLAM, REPRESENTED BY GENERAL SECRETARY, MAM, EDAPPALLY, COCHIN - 682 024. ADV. SRI.M.K.THANKAPPAN, SC, GCDA FOR R1 GOVT.PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 28455 OF 2010 (F) ===================== Dated this the 30th day of September, 2010 J U D G M E N T Petitioner is the Secretary of a registered Association representing the allottees of houses of a project called “Amrita Kudeeram”. 2. From the pleadings, it would appear that an extent of 3.14 acres of land belonging to it was surrendered by the GCDA to the 6th respondent pursuant to Ext.P2 Memorandum of Understanding between the parties. According to the petitioner, on the strength of Ext.P2, the 6th respondent constructed various residential houses, made allotments and petitioner represents the association of such allottees. 3. His main complaint is regarding lack of amenities in the colony and according to him, despite various representations to the GCDA and also the 6th respondent, there has not been any progress. It is also his case that different meetings were held at the instance of the Chair person of the GCDA, which also did not yield any result. The petitioner submits that if title to the plots alloted is transferred in favour of the allottees, they themselves WPC No. 28455/10 :2 : will be in a position to improve the amenities. It is stated that even that request of theirs has not evoked any response. It is in these circumstances, the writ petition is filed with various prayers including one for conveying title of the plot and houses to the members of the petitioner association. 4. Ext.P2 Memorandum of Understanding between the GCDA and the 6th respondent provides that for the first seven years, allottee cannot create any charge in respect of the property and that until that time, registered documents will not be given in the name of the allottees. Agreement also provides that the GCDA and the 6th respondent can even terminate the allotment in case there is violation of the terms thereof. The Memorandum of Understanding is dated 7th August, 2003, and therefore, the 7 year period would have expired only recently. Therefore, this is not a case where any inordinate delay has occurred in transferring the title to the respective allottees. 5. Be that as it may, having regard to the provisions of the Memorandum of Understanding, this essentially is a matter for the GCDA to consider. It is seen that the petitioner has filed Ext.P16 before the GCDA ventilating the aforesaid grievances. WPC No. 28455/10 :3 : 6. Having regard to the above, I direct the 1st respondent to take a decision on Ext.P16. This the 1st respondent shall do, at any rate within 6 weeks of production of a copy of this judgment along with a copy of this writ petition. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp