IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 22ND JULY 2008 / 31ST ASHADHA 1930 WP(C).No. 17447 of 2008(B) -------------------------- PETITIONER: ------------ P.PREMKUMAR, S/O LATE PONNAPPAN PILLAI, LAKSHMI, 14/1974A,KARUVELIPPADY, KOCHIN -5. BY ADV. SRI.S.SREEKUMAR RESPONDENTS: ------------- 1. THE GREATER COCHIN DEVELOPMENT AUTHORITY KOCHIN -20, REPRESENTED BY ITS SECRETARY, 2. THE DISTRICT COLLECTOR, CIVIL STATION, KAKKANAD, ERNAKULAM. 3. STATE OF KERALA, REPRESENTED BY ITS SECRETARY,REVENUE (A) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY ADV. SRI.S.B.PREMACHANDRA PRABHU FOR R1 G.P. SHRI.M.R.SABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.17447 of 2008 ================== Dated this the 22nd day of July, 2008 J U D G M E N T The 1st respondent conducted an auction for sale of a plot in Elamkulam West Extension Scheme on 20.11.2002. The petitioner was the highest bidder and he paid the land value as per the tender conditions. The land so auctioned is part of Government land allotted by the 3rd respondent to the 1st respondent for the scheme. However, the land was not formally assigned in favour of the 1st respondent. The 1st respondent requested the 2nd respondent-District Collector to assign the land. The petitioner's grievance in this writ petition is that till today, the land has not been registered in the name of the petitioner, although the entire land value due has been fully paid off. In the above circumstances, the petitioner seeks the following reliefs: “(i) Issue a writ of mandamus or other writ order or direction compelling the 1st respondent to send the requisition of assignment of plot No.578 of Elamkulam West Extension Scheme to the 2nd respondent within a time limit to be fixed by this Hon'ble Court: (ii) Issue a writ of mandamus or other writ order or direction compelling the 2nd respondent to consider and pass orders on such requisition to be made by the 1st respondent for assignment of plot No.578 of Elamkulam West Extension Scheme within a time limit to be fixed by this Hon'ble Court.” w.p.c.17447/08 2 2. An identical question arose in W.P(C).No. 19180/2006, in which I passed the following judgment: 'The third respondent-Greater Cochin Development Authority, allotted certain land to the petitioners' father, who is no more. Petitioners' father paid the entire sale consideration in 1993 itself. However, the GCDA has not yet executed the sale deed transferring the title to the property to the petitioners. It is under the said circumstances that the petitioners have approached this Court for the following reliefs: “i. Issue a writ of mandamus or any other appropriate writ or direction to the respondents to execute and register Sale Deed pursuant to Exhibit P2 and P7 proceedings in favour of the petitioners within a specified time; ii. Issue a writ of mandamus or any other appropriate writ or direction to the 3rd respondent to pay such compensation to the petitioners, as is deemed fit and proper by this Hon'ble Court.” 2. I have heard the learned Government Pleader appearing for respondents 1 and 2, learned standing counsel for the 3rd respondent- GCDA as also the learned standing counsel for the 4th respondent- Corporation of Cochin. Standing counsel for the GCDA submits that although the plot in question was allotted to the petitioners' father in accordance with the scheme of the GCDA, it now transpires that the land actually is Corporation Poramboke and formal orders have to be passed by the Corporation transferring the land to the GCDA. The Corporation is also willing to transfer the land to the GCDA. However, this can be done only as per the orders of the 1st respondent- Government. Formal sale deed can be executed only after the orders are passed by the 1st respondent permitting transfer of this land to the 3rd respondent-GCDA. Learned Government Pleader submits that the 1st respondent would take appropriate steps in the matter within a reasonable time. In the above circumstances, I dispose of the writ petition with the following directions. 1st respondent shall pass appropriate orders in the matter within a period of one month from the date of receipt of a copy of this judgment. Thereafter, respondents 3 and 4 shall complete the entire steps necessary for transfer of title to the petitioners and registration of sale deed in their favour within a further period of 2 months from the date of receipt of orders to be passed by the 1st respondent as w.p.c.17447/08 3 above. However, the petitioners shall, in the mean while, produce appropriate consent by all the legal heirs of late Mr. C.V. Varghese in the matter of executing the sale deed in favour of the petitioners of their legal heirs.' Pursuant to the above judgment, the Government has passed Ext.P4 order assigning the land in favour of the petitioner in that writ petition. In the above circumstances, the petitioner also has become entitled to similar reliefs. Accordingly, I direct respondents 2 and 3 to pass appropriate orders in the matter of assignment of the land to the petitioner within a period of one month from the date of receipt of a certified copy of this judgment. Thereafter, the 1st respondent shall complete the entire process necessary for transfer of title to the petitioner and registration of the sale deed in favour of the petitioner within a further period of two months from the date of the orders to be passed by respondents 2 and 3. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.17447/08 4